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The immunities of States and international organisations

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Information on the contribution

Member State
Czech Republic
Themes
Type of document
Jurisprudence
Permanent link to the contribution
http://www.cahdidatabases.coe.int/C/Immunities/Czech Republic/1987/85
Attachments
Translations
THIS DOCUMENT CAN BE QUOTED AS FOLLOWS:
Database of the CAHDI "The immunities of States and international organisations" - contribution of Czech Republic - Jurisprudence of 27/08/1987

Supreme Court Opinion CPJF 27/86 (published as RC 26/1987)

Author(ity)

Supreme Court of the Czechoslovak Socialist Republic (Nejvyšší soud Èeskoslovenské socialistické republiky

Date of the decision, of the judgment

27/08/1987

Points of law

The Supreme Court expresses the opinion that:

a) foreign diplomatic missions in the Czechoslovak Socialist Republic cannot be sued because they are organs of a foreign State and have no legal personality, which pertains only to the foreign State itself;

b) the damage actions directed against a foreign State can be heard in Czechoslovak courts only if the foreign State voluntarily submits to their jurisdiction;

c) submission of the foreign State to the hearing in Czechoslovak courts does not imply that the foreign State submits to their jurisdiction also as regards the execution of judgment.

Summary of the case

n/a

Sources

Opinion of the Supreme Court of the Czechoslovak Socialist Republic No. Cpfj 27/86 (RC 26/1987) – published in Sbírka soudních rozhodnutí (Collection of Judicial Decisions) 87, 9-10.

Additional information (explanations, notes, etc.)

The Opinion is not a decision in rem, but a commentary on and interpretation of Act No. 97/1963 Sb. concerning private international law and the rules of procedure relating thereto, as amended. The Opinion relates to the Act No. 97/1963 Sb., which is no longer in force since it was replaced by Act. No. 91/2012 Sb. (came into effect in 2014).