The Eilenau

• Jurisdiction: Noruega
• Date: 17 December 1949
• Court: Court of Appeal (Norway)

Norway, Gulatings Lagmannsrett (Court of Appeal for Western Norway).

The Eilenau.

War — Termination of — Termination of Hostilities — Taking of Prizes Subsequent thereto.

Prize Law — Wrecks — Whether Subject to Capture in Prize — Capture after Termination of Hostilities — The Law of Norway.

The Facts.—The s/s Eilenau, a German merchant vessel, was attacked and sunk by British naval units in the harbour of Svolvaer, North Norway, in March or April 1941. At the time of the liberation of Norway (May 1945) it was still at the bottom of the sea. The Custodian of Enemy Property, by a contract dated May 29, 1947, assigned the rights in the ship, together with a number of other ships, to the Statens Krigskaskoforsikring (National War Insurance Board) which, in turn, assigned its rights to the Norsk...