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/2001/235
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Database of the CAHDI "The immunities of States and international organisations" - contribution of Romania - Jurisprudence of 09/03/2001
Database of the CAHDI "The immunities of States and international organisations" - contribution of Romania - Jurisprudence of 09/03/2001
G. M. & T. I. v. the Embassy of P. in Bucharest
Author(ity)
The Fifth Civil and Administrative Section of the Tribunal of Bucharest
Date of the decision, of the judgment
09/03/2001
Points of law
The Tribunal establishes that in cases related to real estate, even if the foreign State is defendant, it has to be considered a legal person of Civil Law and therefore it does not enjoy immunity of jurisdiction.Summary of the case
Address from the chairman of the Tribunal of Bucharest, sent as being relevant for the case-law of the Court of Appeal of Bucharest to the Ministry of Foreign Affairs of Romania:"[…] The object of the case is the evacuation of the Embassy of P. from the building which is owned by the applicants. […]
The Tribunal considers that the P. State has the capacity to stay in Court as defendant, as it acted in the case judged by the Court as a civil moral person and therefore is deemed not to have immunity of jurisdiction. […]"
