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
Portugal
Themes
Type of document
Jurisprudence
Permanent link to the contribution
http://www.cahdidatabases.coe.int/C/Immunities/Portugal/1991/215
Translations
THIS DOCUMENT CAN BE QUOTED AS FOLLOWS:
Database of the CAHDI "The immunities of States and international organisations" - contribution of Portugal - Jurisprudence of 30/01/1991

Rosa de Jesus Lourenço Barros Fonseca (individual) v. Gilbert Buddig Larren and Madeleine Laurent Larren (French diplomats)

Author(ity)

Supreme Court (Supremo Tribunal de Justiça) – Appeal

Date of the decision, of the judgment

30/01/1991

Points of law

A State’s immunity from jurisdiction is applicable also to its diplomatic agents, but only when the acts are practised on behalf of the State and for the purposes of the mission and not in case of acts in their private capacity.

Summary of the case

In an appeal before the Supreme Court by one individual against two foreign diplomats, the Court considered that:

The State’s immunity from jurisdiction contained in the Vienna Convention on Diplomatic Relations aims at ensuring the reciprocal independence of States and prevents States from being placed in the position of defendants in the courts of another State. This rule is applicable also to the diplomatic agents of a State, but only when the acts are practised on behalf of the State and for the purposes of the mission and not in case of acts in their private capacity. Hiring a domestic servant for the private residence of a diplomat is an act outside of the diplomatic functions of the agent and therefore not included in the immunity from jurisdiction.

Sources

Boletim do Ministério da Justiça, 1991, No. 403

Additional information (explanations, notes, etc.)

n/a