Points of law

- a foreign State does not enjoy immunity from jurisdiction in a case brought against it by the driver of an embassy claiming that he was unlawfully dismissed.

- such contractual relationship is ruled by Portuguese law similarly to other labour contracts for the performance of subordinate services celebrated with any other private person.

Summary of the case

In an appeal before the Court of Appeal of Lisbon by an individual against the Islamic Republic of Pakistan, the Court considered that:

I. Although State immunity from the jurisdiction of the courts of another State, according to which foreign States enjoy immunity from jurisdiction in local courts, continues to be generally accepted as a fundamental principle of international law, its scope of application should be restricted, limited to acts jure imperii. Rooted on the principle of equality and sovereignty of States, immunity from jurisdiction of foreign States is only justifiable in cases where the State acts in the exercise of public authority.

II. A foreign State should not invoke immunity from jurisdiction with regard to an act practised jure gestionis, where it intervenes as any private person.

III. The signing of labour contract between a foreign State (embassy) and a driver, notably a driver’s unlawful dismissal, are not considered as acts jure imperii. Such contractual labour relationship is ruled by Portuguese law similarly to other labour contracts for the performance of subordinate services celebrated with any other private person. Therefore, the foreign State does not enjoy immunity from jurisdiction and the Portuguese courts are competent to be acquainted with the matter.

Sources

Unpublished

Additional information (explanations, notes, etc.)

n/a