Irresberger v Republic of Austria

JurisdictionAustria
Date20 Mayo 1953
CourtCourt of Appeal of Vienna (Austria)
Austria, Landesgericht of Vienna.
Irresberger
and
Republic of Austria.

International Law — Relation to Municipal Law — Treaty not Submitted by Government for Parliamentary Approval — Resulting Inability of Individuals to Enforce Claims under Treaty — Whether Government Liable to Individuals for Failure to Submit Treaty to Parliament — The Law of Austria.

Treaties — Operation and Enforcement of — Claims of Individuals on Basis of Treaty — Claims Settlement Agreement between Austria and United States of America — Contents of Treaty Not Enacted as Municipal Law — Failure of Government to Submit Treaty to Parliament for Purpose of Enactment — Whether Individuals Entitled to Claim Damages for Failure of Government — The Law of Austria.

The Facts.—By a judgment dated February 20, 1952, the Austrian Supreme Court held that Austrian nationals who had suffered damage as a result of torts committed by members of the United States armed forces were not entitled...

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