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

Greece

Themes

Type of document

Jurisprudence

Permanent link to the contribution

http://www.cahdidatabases.coe.int/C/Immunities/Greece/1992/467

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THIS DOCUMENT CAN BE QUOTED AS FOLLOWS:
Database of the CAHDI "The immunities of States and international organisations" - contribution of Greece - Jurisprudence of 01/01/1992

I.G. v The United States of America, judgment 1822/1992

Author(ity)

Athens Court of Appeals

Date of the decision, of the judgment

01/01/1992

Points of law

In cases of labour contracts in which a foreign State is a contracting party and stands on an equal footing with private persons, the State cannot raise the plea of sovereign immunity.

Summary of the case

In accordance with article 3 par. 1 of the Greek Code of Civil Procedure foreign nationals are under the jurisdiction of Greek Courts unless they are entitled to immunity from jurisdiction. Foreign States are not immune from judicial proceeding for acts they perform as fiscus. In cases of labour contracts in which a foreign State is a contracting party and stands on an equal footing with private persons, the State cannot raise the plea of sovereign immunity. Accordingly that State is not immune from lawsuits arising out of these contracts.

Sources

Dike (Trial) vol. 23 (1992) p. 897