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/2001/72
- Useful links
-
http://www.ris.bka.gv.at
- Translations
-
- No translations
- Add a translation
THIS DOCUMENT CAN BE QUOTED AS FOLLOWS:
Database of the CAHDI "The immunities of States and international organisations" - contribution of Austria - Jurisprudence of 23/01/2001
Database of the CAHDI "The immunities of States and international organisations" - contribution of Austria - Jurisprudence of 23/01/2001
E. AG Wien (individual) v. L (State)
Author(ity)
Regional Court Vienna as appellate Court (Landesgericht Wien)
Date of the decision, of the judgment
23/01/2001
Points of law
The conclusion of a rental lease by a foreign State is a relationship under private law, even if the rented real estate is used for the location of the embassy of that State.Summary of the case
The landlord (plaintiff) took legal action against the tenant (a State) who was in arrears with the payment of rent. The defendant argued that the real estate had been rented to accommodate its embassy in Vienna and that the conclusion of the lease contract was therefore in performance of sovereign function and the case not subject to Austrian jurisdiction.The Regional Court of Vienna noted that for determining whether an act was iure imperii or iure gestionis the act itself and not the purpose for which it was performed had to be considered. The conclusion of a rental lease by a foreign State needed to be qualified as a relationship under private law, even if the rented real estate is used for official purposes (location of the embassy) of that State. Therefore the case was subject to Austrian jurisdiction.
