Points of law

Bank accounts. Unification of doctrine.

Summary of the case

This judgment has the purpose of unifying the criteria applied by Spanish Courts concerning the attachment of bank accounts of foreign embassies.

It confirms that embassies bank accounts are indivisible and the presumption is that they serve acta iure imperii. Because of their indivisibility they cannot be object of attachment even if they serve acta iure gestionis as well; further investigations on its operations, contents and goals are not allowed. A sensu contrario they may be attached if they only serve acta iure gestionis. The Judge may continue to investigate fully about the existence of other property which may object of execution, for instance, means of payment of salaries of local employees or by asking for the exequatur of the execution order to the correspondent authorities in Chile, as proposed by the Embassy. The Judge may ask for the cooperation of the State, especially from the Ministry of Foreign Affairs.

Sources

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Additional information (explanations, notes, etc.)

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