Re Kaufmann
| Jurisdiction | France |
| Date | 24 mai 1966 |
| Court | Administrative Tribunal (France) |
The individual in international law Aliens Position of Subjection to territorial sovereignty of receiving State Military service Person domiciled in German Federal Republic and subject to conscription there Grant of deferment Whether liable for military service in France Whether to be regarded as subject to German military law The law of France.
Summary.In 1963 the military authorities of the German Federal Republic issued an order for Kaufmann's conscription into the army, but deferment was granted until 30 June 1964. On 3 July 1964 an order was issued for his conscription into the French army. This was upheld by a decision refusing him the benefit of certain provisions concerning recruitment. On appeal from this decision.
Held (inter alia): that the decision must be quashed. At the date of Kaufmann's conscription into the French army he must be regarded as having been already under German military law.
The following is the text of the judgment:
This is a claim by Hans Gnther Kaufmann, a photographer, for the annulment for excs de pouvoir of the decision, dated 29 September 1964, by which the director of recruitment for the tenth military district refused him the benefit of the provisions of Article 99 bis of the Law of 31 March 1928 on the recruitment of the army.
The Laws of 28 Pluvise of the year VIII, 22 July 1889, 7 June and 4 August 1956,15 March 1963, the Decrees of 6 and 26 September 1926, 30 September and 28 November 1953, 29 January 1957, 10 April 1959, 27 December 1960 and 11 January 1965, and the Laws of 31 March 1928 and 13 November 1956 have been considered.
Jurisdiction.According to Article 2 of the Decree of 30 September 1953
The Administrative tribunals are, at first instance and with appeal to the Conseil d'tat reserved, civil judges in administrative litigation. However, the Conseil d'tat remains competent to hear in the first and last resort: (5) disputes of an administrative character arising outside the territories within the jurisdiction of the administrative tribunals and the Conseils du contentieux administratif.
According to Article 4 of the Decree of 28 November 1953, as amended:
When it is not otherwise provided by Articles 7 to 16 bis of the present Decree or special legislative provision, the administrative tribunal which is territorially competent is that within whose jurisdiction the authority which, whether by virtue of its own or delegated powers, took the decision...
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