12. The entry in the land register of August 2, 1974, was invalid

Reasons: A. The legal chain of entries was interrupted at this junction because the entries would have needed the consent by the SHAEF Legislator, and an authorised agent of the Soviet occupational forces was neither able nor allowed to give his legally effective approval. The directive by the Soviet Commandant contravened the SHAEF Law No. 76 (of January 29, 1945), published in the US Amtsblatt für Deutschland, Edition A, Page 42. Original document

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B. The entry of August 2, 1974, was again ineffective, because the putative buyer, the Fundament GmbH, had its seat in Berlin, the ongoing ambit of the special status of Berlin. Thus, this company was subject to the special regulations effective for Berlin.

C. Official ascertainment of the Special Status of Berlin under constitutional law:

«With Order No. 1 by the Interallied Military Commandant of the City of Berlin of July 11, 1945 (VOBl. d. Stadt Berlin, Nr. 4, S. 45) the administration of the city of Berlin was taken over by the Four Powers and ordered that all orders and directives given by the chief of the garrison and military commandant of the Red Army of the city of Berlin remain in force until further orders. According to Cipher 2, Sentence 2, of the ascertainment by the governments of the United Kingdom, the United States of America and the Union of Socialist Soviet Republics as well as the Provisionally Government of the French Republic about the occupation zones in Germany of June 5, 1945 (Source: Amtsblatt All. Kontrollrat Deutschland ErgBl. Nr. 1, S. 11) and Cipher 7 of the ascertainment by the governments of the United Kingdom, the United States of America and the Union of Socialist Soviet Republics as well as the Provisionally Government of the French Republic about the control procedure in Germany of June 5, 1945 (Source: Amtsblatt All. Kontrollrat Deutschland ErgBl. Nr. 1, S. 10) the whole city area of the territorial administrative body of Gross-Berlin (Greater Berlin) was put under the collective administration by the Four Powers, represented by an Interallied Military Command of the City of Berlin under the supervision of the [Allied] Control Council.»

D. Declarations of Consent by the Military Governors for the Constitutional Law of May 12, 1949, in the VOBlatt der brit. Zone Nr. 50, of September 7, 1949:

«4. A third caveat concerns the participation of Berlin in the Federation. We interpret the articles 23 and 144 such, that they constitute the acceptance of our earlier request, according to which Berlin will not receive a voting membership in the Bundesrat (Federal Council) or the Bundestag (Federal Diet) and will also not be governed by the Federation …»

Result of Points 10 to 12:

This establishes clearly that the Hakeburg has always been and still is subject to the legislation of the Allied Occupational Forces. The view that the Soviet Occupational Forces had rescinded the sequestration according to SHAEF Law No. 52 cannot be sustained.