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/2000/220
- Translations
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Database of the CAHDI "The immunities of States and international organisations" - contribution of Portugal - Jurisprudence of 23/02/2000
Database of the CAHDI "The immunities of States and international organisations" - contribution of Portugal - Jurisprudence of 23/02/2000
Jorge Manuel Nunes Marques (individual) v. Saudi Arabia Embassy (State)
Author(ity)
District Court (Tribunal da Relação de Lisboa) – Appeal
Date of the decision, of the judgment
23/02/2000
Points of law
- the Court cannot judge this case against a foreign State because the Ambassador expressly rejected the jurisdiction of Portuguese courts- the trial could only proceed if the defendant had waived this immunity
Summary of the case
In an appeal before the District Court of Lisbon by an individual against the Saudi Arabia Embassy, the Court considered that:There is a rule of public international law according to which the sovereign State cannot be sued in a court of another State. That is what is called immunity from jurisdiction of foreign sovereign States. It is possible to renounce to this immunity, but the Court cannot judge this case against a foreign State because the Ambassador expressly rejected the jurisdiction of Portuguese Courts and there is no international treaty binding for the Portuguese State that would remove such immunity in regard to labour contracts.