Points of law

The Supreme Court reaffirms its previous judgment of 10 February 1986 establishing that Spanish courts are competent in cases related to labour law where foreign States are sued.

Summary of the case

The Supreme Court annuls the decision of a lower court, and affirms the jurisdiction of Spanish courts to decide cases where a foreign State appears as defendant. Consequently, the Supreme Court confirms the restrictive scope of jurisdictional immunities for Spanish courts and tribunals. In this case, the Supreme Court mentions the distinction between acta iure gestionis and acta iurii imperii, and also cites article 24 of the Spanish Constitution as an important argument for the recognition of the limited scope of jurisdictional immunities. The Supreme Court rejects the application of the Convention on Diplomatic Relations of 1961 to these kind of cases, which was erroneously applied by the judge “a quo”. Finally, the Supreme Court said that the courts should take into account the distinction between immunity of jurisdiction and immunity of execution. It advised that any decision providing for measures of constraint against State property should take due care of the latter, and that the judges should ask the opinion of the International Law Department of the Ministry of Foreign Affairs before adopting such measures.

Sources

Aranzadi, 1986, No. 7231.

Additional information (explanations, notes, etc.)

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