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/2012/233
- 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 16/05/2012
Database of the CAHDI "The immunities of States and international organisations" - contribution of Portugal - Jurisprudence of 16/05/2012
Venezuela (State) v. individual
Author(ity)
District Court (Tribunal da Relação de Lisboa) - Appeal
Date of the decision, of the judgment
16/05/2012
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
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.The District Court argued that the aforementioned principle must be interpreted in accordance with the distinction between acts iure imperii and acts iure gestionis and considered that the State of Venezuela acted as a private entity (ius gestionis).
