662.6331/203

The Minister in the Netherlands ( Swenson ) to the Secretary of State

No. 22

Sir: I have the honor to report that the Counselor of this Legation was informed last night by the President of the Permanent Court of International Justice that the Court would probably convene at the end of June for the purpose of considering the legal aspects of the proposed German-Austrian customs union. Mr. Adatci stated that the question could not be taken up before that date as every country interested must be given all the time desired for the presentation of briefs. It is hoped that a full panel of the Court will sit and this, together with the judges ad hoc, will result in an unusually numerous bench.

The President furthermore stated that whether the question of the relation of the unconditional most-favored-nation clause to a customs union would come before the Court would depend on whether this question was raised in any of the briefs presented.

In conclusion Mr. Adatci remarked that he had a full realization of the vast importance of this case and that the Court would ask for provisional opinions from each judge upon the receipt of the written arguments and would thereafter give ample time for full discussion of every point involved in the hope of obtaining something like a unanimous decision.

Respectfully yours,

Laurits S. Swenson