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/2000/108
- Translations
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Database of the CAHDI "The immunities of States and international organisations" - contribution of Germany - Jurisprudence of 23/05/2000
Database of the CAHDI "The immunities of States and international organisations" - contribution of Germany - Jurisprudence of 23/05/2000
Creditor v. State of Brazil
Author(ity)
Frankfurt District Court (Landgericht Frankfurt/Main)
Date of the decision, of the judgment
23/05/2000
Points of law
Inadmissibility of execution against assets of foreign State used for sovereign purposes.Pursuant to a general rule of international law, foreign States enjoy immunity from execution. Execution against their assets which serve sovereign purposes is inadmissible even if these assets are located in the forum State. The claims arising from the government bond against which execution is directed are exempt from execution because they serve the balancing of the Brazilian State budget. This has been proven by the Brazilian Finance Minister’s affirmation in lieu of an oath. To require further proof would constitute an illicit interference in the internal affairs of Brazil.
