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The immunities of States and international organisations

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Information on the contribution

Member State
Norway
Themes
Type of document
Jurisprudence
Permanent link to the contribution
http://www.cahdidatabases.coe.int/C/Immunities/Norway/1992/202
Translations
THIS DOCUMENT CAN BE QUOTED AS FOLLOWS:
Database of the CAHDI "The immunities of States and international organisations" - contribution of Norway - Jurisprudence of 18/02/1992

Brødrene Smith Entreprenørforretning (company) v. den Sør-Afrikanske Stat (The South African State – State)

Author(ity)

Eidsivating Court of Appeal (Eidsivating Lagmannsrett)

Date of the decision, of the judgment

18/02/1992

Points of law

The Court established that a suit brought against a State in the latter`s capacity as a party to a contract governed by private law, would normally fall outside the scope of State immunity. The Court therefore referred the case back to Oslo City Court for further deliberations. The Court stated explicitly that the fact that the construction work were supposed to be carried out on a building used for consular purposes and enjoying inviolability had no bearing on the competence of the Court to entertain such a matter.

Summary of the case

n/a

Sources

Extracts published in Nordic Journal of International Law, No 70, 2001, page 531-566.

Additional information (explanations, notes, etc.)

Previous case was ruled by Oslo City Court on 25 October 1990. The Oslo City Court came in its first ruling, to the opposite conclusion.