Assumption Cereals c / Ports Adm. Paraguay (abstract) Grain
promoted demand for damages resulting from the unilateral termination of the concession contract in which the plaintiff was authorized to operate in the Paraguayan zone in Argentine territory (and q exisitia a free zone for the Rep of Paraguay in Rosario signed with the Argentine government)
1 st instance: lack of jurisdiction of Argentina to meet in this case.
Camera: Judgement reversed q of 1 and Argentina had been reserved in the zone all the powers arising from territorial sovereignty. Paraguay have not made a reservation to recognize the jurisdiction. Law
24488 "foreign states can not invoke immunity from jurisdiction in cases of commercial or industrial activity "(limited space criterion of immunity jurisd., is based on the acts of Iuri gestionis).
absence Paraguayan agreed jurisdiction, the parties reasonably have been foreseen q would be competent judges of the place where the contract was fulfilled.
Attorney argued otherwise at fault, he had to revoke the sentence of house because there was exercise of public power.
Scope of the term "commercial": the jurisprudence of the Court in several votes he used the term as synonymous with de jure gestionis, it was considered in a broad sense.
In this case the pattern of valid interpretation to determine whether the state can be tried by national courts is of the nature of the activity. That is why the "service port discharge motion" constitute commercial activity.
failure: is declared admissible the special appeal, the ruling is upheld and established competence of the Federal Court No 2 of Rosario.
promoted demand for damages resulting from the unilateral termination of the concession contract in which the plaintiff was authorized to operate in the Paraguayan zone in Argentine territory (and q exisitia a free zone for the Rep of Paraguay in Rosario signed with the Argentine government)
1 st instance: lack of jurisdiction of Argentina to meet in this case.
Camera: Judgement reversed q of 1 and Argentina had been reserved in the zone all the powers arising from territorial sovereignty. Paraguay have not made a reservation to recognize the jurisdiction. Law
24488 "foreign states can not invoke immunity from jurisdiction in cases of commercial or industrial activity "(limited space criterion of immunity jurisd., is based on the acts of Iuri gestionis).
absence Paraguayan agreed jurisdiction, the parties reasonably have been foreseen q would be competent judges of the place where the contract was fulfilled.
Attorney argued otherwise at fault, he had to revoke the sentence of house because there was exercise of public power.
Scope of the term "commercial": the jurisprudence of the Court in several votes he used the term as synonymous with de jure gestionis, it was considered in a broad sense.
In this case the pattern of valid interpretation to determine whether the state can be tried by national courts is of the nature of the activity. That is why the "service port discharge motion" constitute commercial activity.
failure: is declared admissible the special appeal, the ruling is upheld and established competence of the Federal Court No 2 of Rosario.
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