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The immunities of States and international organisations

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Information on the contribution

Member State
Poland
Themes
Type of document
Jurisprudence
Permanent link to the contribution
http://www.cahdidatabases.coe.int/C/Immunities/Poland/2000/207
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THIS DOCUMENT CAN BE QUOTED AS FOLLOWS:
Database of the CAHDI "The immunities of States and international organisations" - contribution of Poland - Jurisprudence of 11/01/2000

Polish citizen v. Embassy of Foreign State

Author(ity)

Supreme Court

Date of the decision, of the judgment

11/01/2000

Points of law

The Supreme Court stated that the jurisdictional immunity of the State can be derived from the principle of State's equality. However, immunity can be only applied to the acts of foreign State as regards the acts of public authorities, whereas it is impossible to link the State immunity to the acts of its bodies within the scope of civil law transactions. In that decision the Supreme Court stated that Polish labor court has jurisdiction in the case brought by the Polish citizen against foreign embassy concerning the ineffectiveness of giving the notice terminating of the employment. It means that the Supreme Court of Poland first time departed from the concept of the absolute immunity of the State in favor of the concept of limited/functional/jurisdictional immunity of the State.

Summary of the case

n/a

Sources

OSNAP 2000/19/723 - IPN 562/99.

Additional information (explanations, notes, etc.)

n/a