Der tschechoslowakische und der tschechische Hafen in Hamburg mit Kontext des Vertrags von Versailles und des Pachtvertrags
The Czechoslovak and Czech harbor in Hamburg with the context of the Treaty of Versailles

Summary/Abstract: The Treaty of Versailles (a peace treaty) from 1919 provided land-locked states with the right of access to the sea. For the practical exercising of this right relating to the newly established Czecho-Slovak state, this treaty is giving to the Czecho-Slovak state the use of northern ports in Hamburg and Stettin, pursuant to articles No. 363 and 364. Based on this treaty, the leasing agreement for premises in Saalehafen and Moldauhafen (on the embankment of Hallesches Ufer and Dresdner Ufer) in the area of about 28.500 m2 was concluded in 1929 with the town of Hamburg for 99 years. Subsequently, a piece of land in Peutehafen in the area of about 13.500 m2 was purchased. The leased premises in the duty-free zone were called the Czecho-Slovak rental zone for inland navigation in the free port of Hamburg. The areas stated above were used by the Československá plavební akciová společnost Labská, later after the nationalisation, national enterprise and then state enterprise Československá plavba labsko-oderská (Czechoslovak Shipping Elbe-Oder). In 1992, the state enterprise was later privatised and Československá plavba labská, a.s. (hereinafter "ČSPL") was established. In 1992, the above-mentioned premises in Hamburg were leased to ČSPL by the Ministry of Industry and Commerce of the Czech Republic. In 2001, a dispute between the Ministry of Transport and Communications and ČSPL occurred due to the fact whether the constructions built in the concerned areas are the property of the Czech Republic or whether they were transferred to the ownership of ČSPL during the privatisation process. The same year, bankruptcy proceedings were declared to the property of ČSPL, in which the bankruptcy trustee, who in fact held up the concerned property and leased it to third persons, entered the dispute. On 1 January 2008, the Ministry of Transport concluded the agreement on the settlement with the bankruptcy trustee on the basis of which the bankruptcy trustee excluded the rights for the immovable property (real assets) of the Czech Republic in Hamburg from the bankrupt's estates of ČSPL, in which all controversial rights were settled.

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