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/2008/231
- 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 08/10/2008
Database of the CAHDI "The immunities of States and international organisations" - contribution of Portugal - Jurisprudence of 08/10/2008
Japan (State) v. individual
Author(ity)
District Court (Tribunal da Relação de Lisboa) - Appeal
Date of the decision, of the judgment
08/10/2008
Points of law
- distinction between foreign State immunities and diplomatic or consular immunities- service of process by instituting a judicial proceeding against a foreign State; Article 22 of the Vienna Convention on Diplomatic Relations (inviolability of the mission) is applicable to the diplomatic agent and the diplomatic mission but not to foreign States
Summary of the case
The State of Japan claimed that service of process instituting a proceeding against a foreign State should be effected by transmission through diplomatic channels to the Ministry of Foreign Affairs, according to article 22 of the Vienna Convention on Diplomatic Relations, on grounds that the premises of the mission shall be inviolable.The Court, however, considered that the said provision of the Vienna Convention is not applicable to the foreign State.
