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/1999/91
Translations
THIS DOCUMENT CAN BE QUOTED AS FOLLOWS:
Database of the CAHDI "The immunities of States and international organisations" - contribution of Denmark - Jurisprudence of 05/03/1999

Pakistans Ambassade (Pakistan) v. Shah Travel ved Hermunir Hussein Shah (private travel agency)

Author(ity)

Supreme Court (Højesteret)

Date of the decision, of the judgment

05/03/1999

Points of law

A travel agency initiated legal proceedings against the Embassy of Pakistan claiming payment of 6 airplane tickets in total value of DKK 30,000. The tickets were booked for a member of the Embassy staff and his family, and subsequently used. However, the Embassy held the opinion that the tickets had already been cancelled.

Since the legal action was brought against the Embassy as such, and not against any individual member of the Pakistani representation, the Court established that the appropriate rules governing the matter were those of State immunity and not the provisions in the Vienna Convention on Diplomatic Relations.

The Court established that the dispute concerning a commercial transaction was governed by private law and that the provisions of public international law concerning state immunity did not apply to the Pakistani State in the matter under consideration.

Summary of the case

n/a

Sources

Published in full text in the Danish law review “Ugeskrift for Retsvæsen”, 1999, page 939.

Additional information (explanations, notes, etc.)

The ruling of the Supreme Court affirmed the ruling of the Eastern High Court (Østre Landsret) on 7 April 1998.