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
- Netherlands
- Themes
- Type of document
- Jurisprudence
- Permanent link to the contribution
- http://www.cahdidatabases.coe.int/C/Immunities/Netherlands/1997/199
- Attachments
- Translations
-
- No translations
- Add a translation
Extracts of the 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 Netherlands - Jurisprudence of 03/10/1997
Database of the CAHDI "The immunities of States and international organisations" - contribution of Netherlands - Jurisprudence of 03/10/1997
The United States of America v. A.F.W. Delsman
Author(ity)
Supreme Court
Date of the decision, of the judgment
03/10/1997
Points of law
A foreign State has no office within the meaning of Article 1:14 of the Civil Code at its military basis and is therefore not domiciled there. A foreign State has a domicile at the place where it has its seat.Summary of the case
Delsman concluded two contracts with the ‘contracting officer' of the air force base of the United States of America – ‘USAFE' – at Soesterberg (near Amersfoort). The contracts were terminated prematurely by USAFE and when protests were of no avail Delsman sued the USA before the Sub-District Court of Amersfoort. A few days later the writ of summons was served a second time at the embassy of the USA in The Hague. However, the USA (USAFE) did not enter an appearance and the Sub-District Court gave judgment by default on 20 May 1992. The judgment was served on the USA by bailiff's notification of 8 July 1992 at the address of USAFE in Soesterberg, where it was left in a sealed envelope.The USA objected to the default judgment, arguing inter alia that the service of the default judgment at the address of USAFE in Soesterberg had been void.
Sources
RvdW 1997, 189 C.English summary: NYIL 1998, p. 254-256
