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/2010/226
Attachments
Useful links
http://www.dgsi.pt
Translations
THIS DOCUMENT CAN BE QUOTED AS FOLLOWS:
Database of the CAHDI "The immunities of States and international organisations" - contribution of Portugal - Jurisprudence of 14/01/2010

Laboratório Internacional Ibérico de Nanotecnologia (international organisation) v. individual

Author(ity)

Supreme Court (Supremo Tribunal Administrativo) - Appeal

Date of the decision, of the judgment

14/01/2010

Points of law

- immunity from jurisdiction (limitation of the adjudicatory power of national courts) and immunity from execution (limits enforcement powers of national courts or other organs) are applicable to foreign States and to international organisations

- international competence of national courts regarding international organisations

Summary of the case

Following the cancellation of a public tender, the party (international organisation) argued that national courts were internationally incompetent to rule over the case.

The Court ruled that the international competence of national courts had to be examined vis-à-vis the definition of immunity from jurisdiction of international organisations; This aspect was examined by the Court with reference to article 5º of the Agreement between the Portuguese Republic and the Laboratory.

Sources

See link

Additional information (explanations, notes, etc.)

Case nº 01062/09