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The immunities of States and international organisations

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Information on the contribution

Member State
Greece
Themes
Type of document
Jurisprudence
Permanent link to the contribution
http://www.cahdidatabases.coe.int/C/Immunities/Greece/1993/466
Translations
THIS DOCUMENT CAN BE QUOTED AS FOLLOWS:
Database of the CAHDI "The immunities of States and international organisations" - contribution of Greece - Jurisprudence of 01/01/1993

X. (Professor of the Italian language) v. (Casa d'Italia) The Italian Republic, judgment 5288/1993

Author(ity)

Athens Court of Appeals

Date of the decision, of the judgment

01/01/1993

Points of law

In disputes arising out of labour contracts foreign States are not entitled to sovereign immunity.

Summary of the case

Sources

Epitheorisi Emborikou Dikaiou (in Greek Journal of Commercial Law) vol. 53 (1994) p. 763

Additional information (explanations, notes, etc.)

Foreign States do not enjoy sovereign immunity for acts performed jure gestionis. Conversely, they enjoy immunity for acts performed jure imperii. Since there is no international norm establishing international jurisdiction of domestic courts on this matter, every State establishes its international jurisdiction in accordance with its domestic law. Consequently, the criteria for determining which acts are considered as jure gestionis or jure imperii are set out in the domestic legislation. Labour contracts in which a foreign State is a Party, do not fall in the ambit of governmental authority of the State (except for contracts in matters of civil service). Therefore in such cases foreign States are not entitled to sovereign immunity.