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/2007/230
- Attachments
- Useful links
-
http://www.dgsi.pt
- Translations
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- No 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 10/05/2007
Database of the CAHDI "The immunities of States and international organisations" - contribution of Portugal - Jurisprudence of 10/05/2007
Portugal (Portuguese Consulate in Rio de Janeiro) v. individual
Author(ity)
District Court (Tribunal da Relação de Lisboa) - Appeal
Date of the decision, of the judgment
10/05/2007
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 activitiesSummary of the case
Following the layoff of a locally contracted staff member of the Portuguese Consulate in Rio de Janeiro, the District Court considered that the party (Portugal) acted as a private actor (ius gestionis).The Court recognized the co-existence of two theories, that of absolute State immunity which is the logical consequence of the principle “par in parem non habet imperium”, by virtue of which one State is not subject to the jurisdiction of another State, and that of relative State immunity, which is tending to predominate since the State currently also acts as a private person in legal relations governed by private law.
