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/1998/218
- Translations
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Database of the CAHDI "The immunities of States and international organisations" - contribution of Portugal - Jurisprudence of 05/03/1998
Database of the CAHDI "The immunities of States and international organisations" - contribution of Portugal - Jurisprudence of 05/03/1998
Rui Manuel do Couto Mendes Valada (individual) v. Popular Republic of Angola (State)
Author(ity)
District Court (Tribunal da Relação de Lisboa) – Appeal
Date of the decision, of the judgment
05/03/1998
Points of law
The principle of the immunity from jurisdiction of foreign States does not apply when the State is sued in its quality of party to a private law contract, but only when the foreign State intervenes in the legal relationship in the quality of sovereign State, with “jus imperii”.Summary of the case
In an appeal before the District Court of Lisbon by an individual against the Republic of Angola, the Court considered that:The principle of the immunity of jurisdiction of foreign States does not apply when the State is sued in its quality of party to a private law contract, but only when the foreign State intervenes in the legal relationship in the quality of sovereign State, with jus imperii. In this case (labour contract), the foreign State is a mere subject, acting without jus imperii and in the same situation as the other subjects of the legal relationship, and thus should be treated in equality as the other private persons. It would be an unjustified privilege if the foreign State that enters into a private law contract would be immune from all possibilities of being sued for violations of the contractual relationship and its consequences, namely compensation.