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/1986/474

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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 01/01/1986

X. v. Japan, judgment 1398/1986

Author(ity)

Supreme Court (Areios Pagos) Chamber

Date of the decision, of the judgment

01/01/1986

Points of law

According to international law, foreign States are entitled to immunity from jurisdiction for acts performed jure imperii, i.e. disputes arising out of acts which have no relation with private law disputes.

Summary of the case

According to international law foreign States are entitled to immunity from jurisdiction for acts performed jure imperii. This is the case for disputes arising out of acts performed under the governmental authority of that State which have no relation to private law disputes, i.e. disputes arising out of acts where the state appears as fiscus. The question whether, in a particular case, an act is coming under the governmental authority of the State, or refers to private law relations, is a matter to be decided by the Greek Courts in accordance with relevant domestic law provisions.

Sources

Elliniki Dikaiosyni 1987 p. 1029