Database
The immunities of States and international organisations
This database contains the original national contributions bringing together information on The immunities of States and international organisations
Information on the contribution
- Member State
- Germany
- Themes
- Type of document
- Jurisprudence
- Permanent link to the contribution
- http://www.cahdidatabases.coe.int/C/Immunities/Germany/1963/102
- Translations
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Database of the CAHDI "The immunities of States and international organisations" - contribution of Germany - Jurisprudence of 30/04/1963
Database of the CAHDI "The immunities of States and international organisations" - contribution of Germany - Jurisprudence of 30/04/1963
Anonymous heating installation repair shop v. Iranian Empire
Author(ity)
Federal Constitutional Court (Bundesverfassungsgericht)
Date of the decision, of the judgment
30/04/1963
Points of law
The Federal Constitutional Court adopted and explained the theory of relative State immunity. It stated that:“1. A rule of public international law whereby domestic jurisdiction for actions against a foreign State in relation to its non-sovereign activity is ruled out is not an integral part of Federal law.
2. a) The criterion for distinguishing between sovereign and non-sovereign State activity is the nature of the State’s action.
b) Classification as sovereign or non-sovereign State activity is in principle to be done according to national law.“
Summary of the case
The case arose when the defendant refused to pay plaintiff for repair work done at the Iranian Embassy building in Cologne.Sources
German original in Entscheidungen des Bundesverfassungsgerichts Vol. 16, p. 27 et seq.English extracts in Decisions of the Bundesverfassungsgericht – Federal Constitutional Court – Federal Republic of Germany, Volume I/1: International Law and Law of the European Communitites 1952-1989 (published by the Members of the Court), 1992, p.150 et seq.
