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/2011/232
- 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 17/05/2011
Database of the CAHDI "The immunities of States and international organisations" - contribution of Portugal - Jurisprudence of 17/05/2011
São Tomé e Príncipe (State) v. a Hospital Egas Moniz (individual)
Author(ity)
District Court (Tribunal da Relação de Lisboa) - Appeal
Date of the decision, of the judgment
17/05/2011
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- the Embassy is a representation of the foreign State, its acts, whether ius emperi or ius gestionis, are acts of the foreign State, therefore the judicial proceedings should be against the State not the Embassy
- Article 22 of the United Nations Convention on Jurisdictional Immunities of States and their Property (service of process instituting a proceeding against a foreign State should be effected by transmission through diplomatic channels to the Ministry of Foreign Affairs)
Summary of the case
The District Court ruled that São Tomé e Principe did not have immunity from jurisdiction, despite the nature of the services at stake (National Health Services healthcare within the framework of a bilateral cooperation Agreement).The Court considered that the foreign State contracted with the Hospital as a private person, in a legal relation governed by private law (distinction between acts iure imperii and acts iure gestionis).
