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/2005/228
- Attachments
- Useful links
-
http://www.dgsi.pt
- Translations
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Judgment - Portuguese.pdf
THIS DOCUMENT CAN BE QUOTED AS FOLLOWS:
Database of the CAHDI "The immunities of States and international organisations" - contribution of Portugal - Jurisprudence of 21/09/2005
Database of the CAHDI "The immunities of States and international organisations" - contribution of Portugal - Jurisprudence of 21/09/2005
Venezuela (State) v. individual
Author(ity)
District Court (Tribunal da Relação de Lisboa) - Appeal
Date of the decision, of the judgment
21/09/2005
Points of law
- foreign States are immune from jurisdiction relating to their "public acts" (acta jure imperii) but are not immune from jurisdiction for their "private acts" (acta jure gestionis), including commercial activities and labor issues- mass layoff actions are an exception to the aforementioned rule
Summary of the case
The Courts referred previous case law and embraced the restrictive doctrine of foreign State immunity regarding labor issues.In this case, the Court considered that the foreign State enjoyed immunity from jurisdiction in respect to a mass layoff action, taking into account that the reason of the mass layoff was an overarching reform of consular affairs as a pillar of the reform of the Ministry of Foreign Affairs of Venezuela (ius imperii);
