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
- Austria
- Themes
- Type of document
- Jurisprudence
- Permanent link to the contribution
- http://www.cahdidatabases.coe.int/C/Immunities/Austria/1988/70
- Useful links
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http://www.ris.bka.gv.at
- Translations
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Database of the CAHDI "The immunities of States and international organisations" - contribution of Austria - Jurisprudence of 23/02/1988
Database of the CAHDI "The immunities of States and international organisations" - contribution of Austria - Jurisprudence of 23/02/1988
X. Y. (individual) v. X (State)
Author(ity)
Supreme Court (Oberster Gerichtshof)
Date of the decision, of the judgment
23/02/1988
Points of law
The construction as well as the operation of nuclear power plants is not an act of ius imperii but of ius gestionis character and therefore not excluded from national jurisdiction.Summary of the case
The plaintiff, owner of a real estate in Austria, claimed the omission of the construction of a nuclear power plant in a neighbouring State, arguing that already in normal operation the effects would be above the standards customary in place. Jurisdiction ratione loci was not given. The plaintiff requested the Supreme Court to determine which court was competent ratione loci pursuant to section 28 of the Austrian law concerning the jurisdiction of courts in civil law matters, RGBl. 111/1895 as most recently amended, BGBl. I Nr. 98/2001.The Supreme Court decided that the request was justified and stated that legal proceedings in the State concerned were unreasonable for the claimant and obviously not possible, as there the problem under consideration was treated a public law problem and from acts iure imperii no civil obligations could arise.
The Supreme Court stated further that the question of whether an act is of ius imperii or ius gestionis character needed to be assessed according to general international and not national law. The construction as well as the operation of a nuclear power plant were in the area of iure gestionis and therefore not excluded from national (Austrian) jurisdiction.
