ALS Analytical Laboratory Systems SA v. Chania Institute of the International Centre for Advanced Mediterranean Agronomic Studies

The case in question is a dispute between the ASL Laboratory and the ICAMAS Institute of Chania of the, arising from the failure to conclude a contract for the supply of scientific equipment. The ASL Laboratory had in fact been awarded a public tender. However, the institute interrupted the procedure before concluding the contract. ASL Laboratory challenged the institute’s decision before the Greek Council of State.

The Institute invoked its jurisdictional immunity. As it pointed out, the Institute is an organ of ICAMAS pursuant to the Agreement Establishing the ICAMAS. Therefore, the Institute would enjoy the same immunities granted to ICAMAS under the Protocol on Privileges and Immunities of ICAMAS.

The Council of State upheld the objection raised by the Institute, finding that it is an organ of the ICAMAS. As such, it has no autonomous legal personality. Therefore, the applicant should have filed the instant claim against ICAMAS, as an international organization possessing international legal personality.

The Council then assessed the scope of the immunity from legal process granted to ICAMAS. As it underlined, the provisions granting immunity to ICAMAS aim to ensure the proper functioning of the organization, preventing external interference and safeguarding its independence and autonomy. In this light, the Council affirmed that the shield of immunity exclusively regards the institutional activities of ICAMAS, which manifest the exercise of its public power. As a result, commercial activities are out of the scope of ICAMAS’s immunity under the relevant treaty provisions.

However, according to the Council of State, the claims advanced by the applicant arose from an institutional activity of the respondent organization. Indeed, the Council affirmed that the stipulation of a supply contract and the internal procedures carried out by the Institute to this end are part of ICAMAS institutional activities.

Given the above, the Council of State dismissed the case.