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/1989/71
- Useful links
-
http://www.ris.bka.gv.at
- Translations
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- No translations
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Database of the CAHDI "The immunities of States and international organisations" - contribution of Austria - Jurisprudence of 14/06/1989
Database of the CAHDI "The immunities of States and international organisations" - contribution of Austria - Jurisprudence of 14/06/1989
N. P. (individual) v. R. F. (State)
Author(ity)
Supreme Court (Oberster Gerichtshof)
Date of the decision, of the judgment
14/06/1989
Points of law
The European Convention on State Immunity is only applicable if both the State against which legal action is taken and the State in which the procedure takes place are parties to the Convention.Summary of the case
An individual employed locally by a foreign consulate in Austria filed a suit against her employer for payment of overtime and vacation compensation. The defendant claimed immunity pursuant to the Vienna Convention on Consular Relations and the European Convention on State Immunity.The Court noted that the first convention was not applicable as the plaintiff had a contract with the sending State and not with a consular officer. The European Convention on State immunity could only be applied if both the State against which legal action is taken and the State in which the procedure takes place were parties to the convention, which was not the case.
The Court reiterated its view that employment contracts of this kind were a legal relationship under private law in respect of which a foreign State was subject to Austrian jurisdiction by virtue of the rules of both international and Austrian law.
