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
- Iceland
- Themes
- Type of document
- Jurisprudence
- Permanent link to the contribution
- http://www.cahdidatabases.coe.int/C/Immunities/Iceland/1995/111
- Attachments
- Translations
-
- No translations
- Add a translation
Judgment of the Supreme Court - English.pdf
THIS DOCUMENT CAN BE QUOTED AS FOLLOWS:
Database of the CAHDI "The immunities of States and international organisations" - contribution of Iceland - Jurisprudence of 15/09/1995
Database of the CAHDI "The immunities of States and international organisations" - contribution of Iceland - Jurisprudence of 15/09/1995
Guðrún Skarphéðinsdóttir (individual) v. the Embassy of the United States of America (State)
Author(ity)
Supreme Court (Hæstiréttur)
Date of the decision, of the judgment
15/09/1995
Points of law
The Court establishes that according to the principles of public international law, a foreign State cannot fall under the jurisdiction of judicial tribunals of another State, without the consent of the former, in the manner the plaintiff sought to accomplish with the instituted legal proceedings.Summary of the case
A landlord instituted legal proceedings against the Ambassador of the United States of America on account of the Embassy of the United States of America in Iceland acting for the State Department of the United States of America regarding unpaid rent. In the lease agreement, the tenant was claimed to be the Secretary of State of the United States of America. In light of the lease agreement, it was understood that the defendant proper were the United States of America, which were represented by the Secretary of State.The Court pointed out that according to Icelandic rules of civil procedure, a foreign Embassy does not enjoy the status of being capable of acting as an independent party in a court case.
Also, the Court stated that in accordance with principles of public international law, a State cannot fall under the jurisdiction of judicial tribunals of another State, without the consent of the former, in the manner the plaintiff sought to accomplish with the instituted legal proceedings. The case was dismissed ex officio.
