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
- Denmark
- Themes
- Type of document
- Jurisprudence
- Permanent link to the contribution
- http://www.cahdidatabases.coe.int/C/Immunities/Denmark/1993/90
- Translations
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Database of the CAHDI "The immunities of States and international organisations" - contribution of Denmark - Jurisprudence of 19/05/1993
Database of the CAHDI "The immunities of States and international organisations" - contribution of Denmark - Jurisprudence of 19/05/1993
Italien (The Italian State) v. Amaliegade 21 A-D (privately owned property company)
Author(ity)
Eastern High Court (Østre Landsret)
Date of the decision, of the judgment
19/05/1993
Points of law
The Italian Embassy had built a garage in the courtyard of the private residence of the Italian ambassador, which the residence shared with the privately owned adjoining house. According to the public registration (tinglysning) from 1924 governing the relationship between the two neighbouring buildings regarding their common courtyard, new buildings could not be constructed without the consent of both parties. The garage was built without the consent of the property company.The City Court of Copenhagen rejected the legal action brought before the court by the private company stating that according to the customs and principles of public international law on State immunity the Italian State has immunity before a Danish court and that the provisions of the registration from 1924 on the common courtyard could not lead to a cessation of State immunity.
However, on appeal the Eastern High Court rejected the decision of the City Court stating that the provisions of the registration was governed by the rules of private law and that the principles of state immunity did not exempt foreign states for legal actions in such matters. Consequently, the Italian State was ordered by the Court to pull down the garage.
