State responsibility — Tort — Low-level flights by foreign military aircraft over Germany within framework of NATO — Alleged damage to health — Responsibility of sending and receiving States — NATO Status of Forces Agreement, 1951 — Article VIII(5)(e)(ii) and (iii) — Not possible to attribute damage to specific Party — Principle of joint and several liability — Right of action against receiving State — Liability for damage caused by operation of military aircraft — Restriction under legislation of receiving State to injuries caused by “accident” — Definition of accident — Whether including impairment of health over substantial period of time

State responsibility — Acts and omissions of State organs and officials — NATO Status of Forces Agreement, 1951 — Responsibility of Germany for supervising actions of NATO partners in Federal Republic — Low-level flight exercises — Alleged failure to observe German Ministry of Defence regulations limiting flights to day time — Whether constituting breach of duty by German authorities actionable by individuals suffering harm

States — Conduct of foreign relations — Low-level flights by foreign military aircraft within framework of NATO — Exercise of discretion by German Ministry of Defence to permit such flights over its territory — Whether subject to judicial review — Scope of statutory authorization for flights which are “absolutely necessary” — Whether injunction available to require Germany to prohibit its NATO partners from carrying out such flights at night time on the basis that they constitute interference with basic constitutional rights of its citizens — The law of the Federal Republic of Germany