CouncilEurope

European Convention on State Immunity

(ETS No. 074)

Open for signature by the member States of the Council of Europe, in Basle, on 16 May 1972.

Entry into force: 11 June 1976.

Summary of the treaty

The Convention aims to establish common rules relating to the scope of the immunity of one Party from the jurisdiction of the courts of another Party.

It specifies the cases in which a Party may not claim immunity before foreign courts. This applies when the Party in question accepts the jurisdiction of the court and in proceedings relating to work contracts, participation in a company or association, industrial, commercial or financial activities; rights over immovable property in the State where the court is situated; redress for injury to persons or damage to property.

The Convention specifies the rules concerning the proceedings against a Party in a court of another Party and the effects of judgments that Parties agreed to give them.

The Additional Protocol (ETS No. 074A) completes the Convention by the addition of provisions concerning a European procedure for the settlement of disputes.