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/2012/225
- Attachments
- Useful links
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http://www.dgsi.pt
- Translations
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Judgment - Portuguese.pdf
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Database of the CAHDI "The immunities of States and international organisations" - contribution of Portugal - Jurisprudence of 29/05/2012
Database of the CAHDI "The immunities of States and international organisations" - contribution of Portugal - Jurisprudence of 29/05/2012
São Tomé e Príncipe (State) v. Hospital Egas Moniz (individual)
Author(ity)
Supreme Court (Supremo Tribunal de Justiça) - Appeal
Date of the decision, of the judgment
29/05/2012
Points of law
- foreign States enjoy immunity for acts iure imperii but not for acts iure gestionis, that is to say when it acts in the same way as a private person in actions governed by private law, as commercial activities- relevance of the United Nations Convention on Jurisdictional Immunities of States and their Property, as consuetudinary law (the Convention is not yet into force, albeit Portugal is one of the few contracting Parties)
Summary of the case
In a case concerning due payments to the National Health Service (NHS) healthcare, the Court decided in accordance with the principle “in dubio pro immunitatem”, by virtue of which one State is not subject to the jurisdiction of another State.The Court took into account the fact that foreign nationals from non-EU countries have no automatic right to NHS healthcare and that the right of the individual emerged from a bilateral Cooperation Agreement between Portugal and São Tomé e Principe. The Court also acknowledged that contemporary doctrine and case law favor a restrictive approach to immunity from jurisdiction and considered that the United Nations Convention on Jurisdictional Immunities of States and their Property, although not yet into force, should help national Courts to overcome divergent interpretation of the restrictive theory.
