Regele v Federal Ministry of Social Administration
| Jurisdiction | Austria |
| Date | 05 Febrero 1958 |
| Court | Administrative Court (Austria) |
Jurisdiction Territorial Exemptions from Property of foreign State Embassy premises Meaning of exterritoriality Whether local law applicable to local nationals employed in foreign embassy The law of Austria.
Diplomatic envoys Privileges and immunities of Subordinate members of diplomatic staff Nationals of receiving State in employment of foreign Embassy Whether such nationals exempt from contributions to national insurance funds of receiving State The law of Austria.
Diplomatic envoys Privileges and immunities of Official residence of diplomatic envoy Embassy premises Meaning of exterritoriality Whether local social security laws applicable to local nationals employed in foreign embassy The law of Austria.
The Facts.The appellant was an Austrian citizen employed at the United States Embassy in Vienna. As a permanent employee of the United States Government she was bound, under United States law, to make contributions to an American retirement pension fund, and upon her retirement she would then become entitled to a retirement pension payable by the Government of the United States. The competent Austrian National Insurance office assessed the appellant for compulsory contributions, payable under Austrian law by all persons employed in Austria, in respect of insurance for sickness, unemployment, accident and retirement.
The appellant contended that she was not liable to pay any contributions to Austrian National Insurance funds because the United States Embassy in Vienna was exterritorial and her employment therefore was not employment in Austria within the meaning of the relevant Austrian social insurance legislation. So far as concerned her contributions in respect of Austrian retirement benefits in particular, she contended that as she was entitled to retirement benefits under United States law which were higher than retirement benefits payable under Austrian law, and as her contributions to the United States retirement fund were compulsory she was, in any event, not liable to pay contributions to Austrian State funds securing retirement benefits under Austrian law.
The Austrian Ministry of Social Administration contended that the appellant's employment was employment in Austria within the meaning of the relevant Austrian social insurance legislation, and that she was therefore not exempt from contributions to Austrian State funds.
Held: that the appellant was...
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