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
- Portugal
- Themes
- Type of document
- Jurisprudence
- Permanent link to the contribution
- http://www.cahdidatabases.coe.int/C/Immunities/Portugal/1989/214
- Translations
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Database of the CAHDI "The immunities of States and international organisations" - contribution of Portugal - Jurisprudence of 12/07/1989
Database of the CAHDI "The immunities of States and international organisations" - contribution of Portugal - Jurisprudence of 12/07/1989
Bernardette Bravo (individual) v. Republic of Zaire (State)
Author(ity)
District Court (Tribunal da Relação de Lisboa) – Appeal
Date of the decision, of the judgment
12/07/1989
Points of law
Portuguese courts are internationally incompetent to judge a labour suit against a foreign State.Summary of the case
In an appeal before the District Court of Lisbon by an individual against the Republic of Zaire, the Court considered that:In view of the sovereignty and independence of States regarding other States, an international law customary rule has developed according to which foreign States are entitled local immunity from jurisdiction in the judicial proceedings filed against them. This rule applies in Portugal in accordance with article 8 of the Constitution. Therefore, Portuguese courts are internationally incompetent to judge a civil or labour suit against a foreign State.
