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/1998/219
- Translations
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Database of the CAHDI "The immunities of States and international organisations" - contribution of Portugal - Jurisprudence of 09/12/1998
Database of the CAHDI "The immunities of States and international organisations" - contribution of Portugal - Jurisprudence of 09/12/1998
A. (individual) v. France (State)
Author(ity)
Supreme Court (Supremo Tribunal de Justiça) – Appeal
Date of the decision, of the judgment
09/12/1998
Points of law
If there is no conventional rule binding for a State barring immunity from jurisdiction in the case of labour contracts, one has to apply the customary rule according to which foreign States enjoy such immunitySummary of the case
In an appeal before the Supreme Court by one individual against the French State, the Court considered that:There is no convention or treaty binding upon Portugal regarding State immunities. Portugal is not bound by article 5º, n.º 1 of the European Convention regarding State Immunities of 1972, that bars such immunity in the case of labour contracts. Therefore, one has to apply the customary rule of international law according to which foreign States enjoy immunity from jurisdiction in local courts in judicial proceedings against them.
This customary rule is automatically received by Portuguese domestic law, in accordance with article 8º, n.º 1, of the Constitution of the Portuguese Republic.
In view of such immunity from jurisdiction, a Portuguese citizen who worked as a driver at the French Embassy in Portugal cannot resort to judicial proceedings against the French State, in order to obtain the payment of alleged labour credits.
