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/1981/477

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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 01/01/1981

X. v. Japan, judgment 519/1981

Author(ity)

Court of First Instance of Thessaloniki

Date of the decision, of the judgment

01/01/1981

Points of law

Foreign States are not entitled to sovereign immunity where it appears that they transacted as equals with a private person.

Summary of the case

According to customary law, a foreign State is entitled to sovereign immunity for acts which fall under the governmental authority of the State. Foreign States are not entitled to sovereign immunity where it appears that they transacted as equals with a private person. Since there are no international law rules concerning the limits of international jurisdiction of States, each State is determining the international jurisdiction of its domestic courts in accordance with its domestic legislation and international treaties binding on them. Consequently, the criteria to determine which acts fall under the governmental authority of a state and which do not are set out in domestic law.

Sources

Elliniki Dikaiosyni 1983 p. 704