VON LOESCH v. POLAND
Inadmissible
David Thór Björgvinsson;Giovanni Bonello;Lech Garlicki;Ledi Bianku;Mihai Poalelungi;Nicolas Bratza
The applicant, Mr Markward von Loesch, is a German national who was born in 1938 and lives in Berlin. He is represented before the Court by Mr T. Gertner, a lawyer practising in Bad Ems. A summary account of historical events in which the present application originated can be found in the Court’s decision in the case of Preussische Treuhand GmbH & CO. Kg A. A. v. Poland (see Preussische Treuhand GmbH & CO. Kg A. A. v. Poland (dec.), no. 47550/06, 7 October 2008, §§ 3-5, ECHR 2008-...). The applicant’s family owned a manor-house in Blumenau (at present Kwietniki in Poland). In February 1945 they fled from the advancing Red Army. This region before and during the Second World War belonged to the German Reich. After the defeat of Germany at the end of the war, when the border between Germany and Poland was drawn along the Oder-Neisse line, it was included in the territory of Poland (see Preussische Treuhand GmbH & CO. Kg A. A., cited above, § 3). The applicant submits that he has repeatedly applied to the Polish authorities for restitution of his family’s property, but has been refused. He has not produced any documents or evidence showing that he indeed submitted any such claims to the Polish authorities. A detailed description of the relevant international and domestic law is set out in the above-mentioned case of Preussische Treuhand GmbH & CO. Kg A. A. v. Poland (ibid. §§ 31-41).