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
Germany
Themes
Type of document
Declaration
Permanent link to the contribution
http://www.cahdidatabases.coe.int/C/Immunities/Germany/1990/397
Useful links
http://conventions.coe.int/
Translations
THIS DOCUMENT CAN BE QUOTED AS FOLLOWS:
Database of the CAHDI "The immunities of States and international organisations" - contribution of Germany - Declaration of 15/05/1990

Declaration concerning Article 24 made at the time of deposit of the instrument of ratification concerning the European Convention on State Immunity (ETS No.74)

Author(ity)

Permanent Representative of Germany to the Council of Europe

Nature of the document

Declaration

Date of the document

15/05/1990

Points of law

The declaration shows that the Federal Government supports the theory of relative State immunity beyond the scope of the Convention.

Specific provision(s) of the document

Text of the declaration:

“The Federal Republic of Germany declares in accordance with paragraph 1 of Article 24 of the Convention that, in cases not falling within Articles 1 to 13, its courts are entitled to entertain proceedings against another Contracting State to the extent that its courts are entitled to entertain proceedings against States not Party to the Convention. Such a declaration is without prejudice to the immunity from jurisdiction which foreign States enjoy in respect of acts performed in the exercise of sovereign authority (acta jure imperii).“

Sources

Council of Europe – Treaty Office

Additional information (explanations, notes, etc.)

n/a