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IP Treaties Collection

Contracting Parties European Convention on State Immunity Germany

Dates Signature: May 16, 1972 Ratification: May 15, 1990 Entry into force: August 16, 1990

Declarations, Reservations

Declaration contained in a letter from the Permanent Representative, dated June 3, 1992:
"The Federal Republic of Germany hereby amends its declaration relating to Article 28, paragraph 2, of the Convention to the effect that all constituent states (Laender) of the Federal Republic of Germany, namely Baden-Württemberg, Bavaria, Berlin, Brandenburg, Bremen, Hamburg, Hesse, Mecklenburg-Western Pomerania, Lower Saxony, North-Rhine/Westphalia, Rhineland-Palatina, Saarland, Saxony, Saxony-Anhalt, Schleswig-Holstein and Thuringia shall be able to invoke the provisions of the Convention applying to the Contracting States and shall have the same duties as the latter."

Declaration made upon ratification:
"The Federal Republic of Germany declares in accordance with paragraph 1 of Article 24 of the Convention that, in cases not falling within Articles 1 to 13, its courts are entitled to entertain proceedings against another Contracting State to the extent that its courts are entitled to entertain proceedings against States not Party to the Convention. Such a declaration is without prejudice to the immunity from jurisdiction which foreign States enjoy in respect of acts performed in the exercise of sovereign authority (acta jure imperii)."

Declaration made upon ratification:
"Paragraph 4 of Article 21: The question whether effect should be given by the Federal Republic of Germany or a Land to a judgment rendered by a court of another Contracting State in accordance with Article 20 or Article 25 or to a settlement in accordance with Article 22 of the Convention is determined by the competent Regional Court (Landgericht) in whose administrative district the Federal Government has its seat."

 
Additional Information

Dates refer to the Federal Republic of Germany.