French Occupation Forces Case

Date28 Enero 1949
Docket NumberCase No. 44
CourtCourt of Appeal of Vienna (Austria)
Austria, Court of Appeal (Landesgericht) of Vienna.
Case No. 44
French Occuption Forces Case.

Foreign Armed Forces — Immunity from Legal Process — Members of Armed Forces of Occupying Power — French Army of Occupation in Austria.

The Facts.—The appellant, who claimed to be entitled to recover a sum of money owing to him by a member of the French Army of Occupation in Austria, had unsuccessfuly applied to a court of first instance to serve process on the alleged debtor, the latter having claimed immunity from the jurisdiction of the Austrian courts. On appeal,

Held: that in the absence of a waiver by the French authorities of the immunity of the proposed defendant on the latter's behalf, the Austrian courts were not entitled to exercise jurisdiction. The Court said:

“By virtue of Article 4 of Ordinance No. 64 of the French High Commissioner …, of the Control Agreement of June 28, 1946, and of the military code of the French Republic, members of the French administration and the French armed forces are not subject to Austrian law unless the French Republic has waived its own rights of jurisdiction. No Ordinance to this effect has been enacted, nor has it been contended or proved that these rights have been...

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