Immunity of Legation Buildings (Czechoslovakia) Case

• Jurisdiction: Republica Checa
• Docket Number: Case No. 251
• Date: 28 December 1929
• Court: Obsolete Court (Czechoslovakia)

Supreme Court of Justice of Czechoslovakia.

Case No. 251

Immunity of Legation Buildings (Czechoslovakia) Case.

Legation Buildings Immunities of Whether Subject to Measures of Execution.

The Facts.In the course of the proceeding which followed the decision of the Supreme Court of Justice of 26 April, 1928 (see Case No. 111), the Court of First Instance, by a decision of 8 June, 1928 (not reported), admitted the execution. Subsequently, however, it was brought to the notice of the Court that the immovable property of the Hungarian State, against which property the execution had been applied for, was identical with the premises of the Legation of that State. The Court, being in doubt whether an execution would be admissible in that case, asked, in accordance with the provisions of paragraph 31, section 1, of the Law of 27 May, 1896, No. 79, concerning execution (as amended by the Law of 19 January, 1928, No. 232), for a declaration

of the Ministry of Justice. This Ministry, in agreement with the Ministry for Foreign Affairs, gave a decision on 22 April, 1929, No. 14.228 (not reported), to the effect that execution by means of forced sale of premises of a foreign Legation was according to international law not admissible. Accordingly the Court of First Instance cancelled the execution, and referred to the provisions of paragraph 39, No. 5, of the Law No. 79/1896. The Court of Appeal confirmed the decision of the lower court, pointing out, however, that the execution had to be cancelled according to No. 2 of paragraph 39 of the Law No. 79/1896, and not according to No. 5.1

Held, on a second appeal (by the Supreme Court of Justice): That the opinion of the courts below was correct, and that the appeal must be dismissed. The appellant cannot adduce in his support the previous decision of the Court of 26 April, 1928, No. RI 305 (V. 8000 civ.), for in that decision the question which is at present at issue was not before the Court at all. In the documents submitted to the courts at the time there was no mention of the fact that the Hungarian Legation was situated in the building against which the execution had been applied for. This fact had not been indicated either in the application for execution or in the other documents submitted to the courts, nor was it known to the Court in any other way. The lower courts dismissed the application for execution on certain grounds, with which alone the decision of the Supreme Court of 26 April, 1928, dealt. That decision...