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French Consular Employee Claim Case
Published online by Cambridge University Press: 01 January 2021
Abstract
State immunity — Jurisdictional immunity — Employment dispute — French Consulate in Innsbruck — National of sending State employed as head of visa section — Action for damages for unpaid salary entitlement — Whether France entitled to jurisdictional immunity — Classification of employment relationship according to nature rather than purpose — Distinction between sovereign and non-sovereign activities — European Convention on State Immunity, 1972 — Applicability only where State claiming immunity and State of forum are both signatories
Relationship of international law and municipal law — Incorporation of principles of international law concerning State immunity into municipal law — Austrian Constitution, Article 9(1) — Introductory Act to Austrian Jurisdictional Statute (EGJN), Article IX — The law of Austria
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- © Cambridge University Press 1991