17 DECEMBER 1994, Page 61

Speaking for Germany

Sir: I refer to the article of 3 December, 'Is this what we mean by European Union? dealing with a German court's decision concerning the place of residence of two minors. Verdicts in family affairs involving children always have high emotional con- tent — especially for the unsuccessful Party.

Unfortunately your article has been very selective in those points in the judgment you have chosen to publish and to comment upon, thereby insinuating that the Regional '1.PPeal Court in Celle was influenced by a i xenophobic, i.e. anti-English attitude in its decision-making. If one reads the 11-page judgment in full, every unbiased reader will understand that the three judges took great care to ensure the well-being of the two minors — as stip- ulated by the pertinent Hague Convention of 1980.

, One would also learn that the two chil- dren requested rather forcefully to stay in Germany because they were tired of fre- quently being victims of taunts such as `Nazi'. This — by the way — is, unfortu- nately, an experience they share with many children in the German community in this country.

I am convinced that the Federal Consti- tutional Court — when reviewing this case — will take all aspects into account, those mentioned and those not mentioned in your article. The court's overriding aim will be the well-being of the two children, with- out making an unnecessary issue of their nationality or that of their parents.

Wolfgang Trautwein

Head of the Legal and Consular Department of the German Embassy, The German Embassy, 23 Belgrave Square/Chesham Place, London SW1