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
Serbia
Themes
Type of document
Jurisprudence
Permanent link to the contribution
http://www.cahdidatabases.coe.int/C/Immunities/Serbia/2003/238
Translations
THIS DOCUMENT CAN BE QUOTED AS FOLLOWS:
Database of the CAHDI "The immunities of States and international organisations" - contribution of Serbia - Jurisprudence of 24/03/2003

Association of Military Prisoners of War in WWII (1941–1945) v. FR Germany.

Author(ity)

District Court in Čačak

Date of the decision, of the judgment

24/03/2003

Points of law

Under the provision of Article 26 of the then Law on Litigation, the first-instance Court obtained an opinion of the Federal Ministry of Justice on the existence of immunity of the respondent. The Federal Ministry of Justice took the position that, in this kind of dispute, a foreign State was accorded immunity.

Summary of the case

The Association of Military Prisoners of War in WWII (1941–1945) sued FR Germany before the Municipal Court in Čačak seeking compensation.

In December 2002, the first-instance Court rejected the applicant’s claim and the District Court in Čačak, acting upon an appeal lodged in the second-instance, confirmed the decision.

Sources

“Judicial Practice” Journal, Nos. 2-3/2005, p. 35

Additional information (explanations, notes, etc.)

n/a