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
- Sweden
- Themes
- Type of document
- Jurisprudence
- Permanent link to the contribution
- http://www.cahdidatabases.coe.int/C/Immunities/Sweden/1986/259
- Useful links
-
http://www.infotorg.sema.se
- Translations
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- No translations
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Database of the CAHDI "The immunities of States and international organisations" - contribution of Sweden - Jurisprudence of 04/03/1986
Database of the CAHDI "The immunities of States and international organisations" - contribution of Sweden - Jurisprudence of 04/03/1986
Ministerium Fur Aussenhandel der Deutschen Demokratischen Republik (DDR) v. Riksförsäkringsverket (National Social Insurance Board)
Author(ity)
Supreme Administrative Court (Regeringsrätten)
Date of the decision, of the judgment
04/03/1986
Points of law
The Supreme Administrative Court finds that the Ministry of DDR has waived its possible immunity by not invoking immunity earlier than before the Supreme Administrative Court.Summary of the case
RFV charged the Ministry of DDR for employment tax in Sweden for DDR citizens working at the DDR Handelszentrum (trading centre) in Gothenburg, Sweden. The Ministry refused to pay and appealed to the Stockholm Administrative Court of Appeal. The Ministry claimed that what had been paid to the employees was not to be considered as salary and furthermore that the employees would not raise any social claims to the Swedish State.The Stockholm Administrative Court of Appeal established that the Ministry was a foreign employer that had employed staff in Sweden why it was obliged to pay employment tax. In the appeal to the Supreme Administrative Court the Ministry claimed immunity.
The Supreme Administrative Court asked for a statement by the Swedish Ministry for Foreign Affairs on the question of immunity for the trading centre. In the statement (appendix 2) the Ministry for Foreign Affairs noted that in the agreement concerning the establishment of diplomatic relations between Sweden and DDR, it had been stated that if a trading office was established it should not be seen as a part of the diplomatic mission. Furthermore, the Ministry for Foreign Affairs noted that in the said agreement there had not been included any regulations regarding immunity or privileges for the trading office. In the light of the statement by the Ministry for Foreign Affairs, the Supreme Administrative Court found that the only question that remained to be solved was if the Ministry should be considered to enjoy such general immunity that might belong to foreign States' authorities. In this respect the Supreme Administrative Court pointed out that the Ministry had not claimed immunity before RFV or before the Court of Appeal. In view of this the Supreme Administrative Court was of the view that the Ministry had waived the immunity that it possibly could have been entitled to, why it left the appeal without assent.
