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
- Romania
- Themes
- Type of document
- Jurisprudence
- Permanent link to the contribution
- http://www.cahdidatabases.coe.int/C/Immunities/Romania/2002/234
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Database of the CAHDI "The immunities of States and international organisations" - contribution of Romania - Jurisprudence of 05/06/2002
Database of the CAHDI "The immunities of States and international organisations" - contribution of Romania - Jurisprudence of 05/06/2002
A. S. M. v. the Embassy of P. in Romania
Author(ity)
Tribunal of Bucharest
Date of the decision, of the judgment
05/06/2002
Points of law
The Tribunal establishes that according to the Vienna Convention on Diplomatic Relations (1961), diplomatic missions enjoy immunity, therefore they may not be a Party as defendant in disputes before the Romanian courts.Summary of the case
Address from the chairman of the Fourth Civil Section to the Chairman of the Tribunal of Bucharest, sent as being relevant for the case-law of the Tribunal to the Ministry of Foreign Affairs of Romania:"[…]
The Court is called to pronounce upon the appeal on points of law dispute made by A. S. M. versus the Embassy of P. in Romania […] having as an object a labour dispute […]. A. S.M. was an auditor at the Embassy of P. in Romania and considers that its labour contract was abusively put an end […].
Taking into account Article 31 of the Vienna Convention on Diplomatic Relations which guarantees immunity of jurisdiction for diplomatic missions, the Embassy of P. in Romania may not be a Party in the present case.
Having due regard to these legal provisions, the Court […] rejects the contestation as being introduced against a person having no capacity of stay in Court as defendant. […]"
