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/1988/472
Translations
THIS DOCUMENT CAN BE QUOTED AS FOLLOWS:
Database of the CAHDI "The immunities of States and international organisations" - contribution of Greece - Jurisprudence of 01/01/1988

Judgment 13043/1988

Author(ity)

Athens Court of Appeals

Date of the decision, of the judgment

01/01/1988

Points of law

Foreign States are entitled to sovereign immunity for acts performed jure imperii. In matters of labour law, foreign States are not acting in their sovereign capacity. They appear on an equal basis with the private person employed.

Summary of the case

Foreign States are entitled to sovereign immunity for acts performed jure imperii, i.e. acts performed under their governmental authority. On the contrary where a State is acting as a fiscus and private law rules are applicable, the State in question is not entitled to immunity. In matters of labour law, foreign States are not acting in their sovereign capacity when contracting labour law contracts. Indeed, they appear on an equal basis with the private person employed.

Sources

Dike (Trial) 1990 p. 288

Additional information (explanations, notes, etc.)