M. Hoffer v. A. Walligura

The case is a civil dispute concerning a lease agreement for a property located in Vienna, brought against a Senior Staff member of the International Atomic Energy Agency (IAEA).

The court of first instance dismissed the claim, finding that the IAEA agent enjoyed immunity.

The Vienna Regional Court upheld the court’s decision on the basis that national courts lacked jurisdiction over the action brought against the defendant. The conclusion of the Court rested on the application of the Agreement concluded between Austria and IAEA on 11 December 1957, establishing the Headquarters of the IAEA in Austria and regulating the relationships between the parties. Specifically, Article IX, Section 39, granted to Senior officials the same privileges and immunities accorded by the Austrian Government to members having comparable rank, of the staffs of chiefs of diplomatic missions.