Anonymous v. International Centre for Advanced Mediterranean Agronomic Studies

Some employees of the Chania Institute of the International Centre for Advanced Mediterranean Agronomic Studies (ICAMAS) initiated a dispute against ICAMAS before the Court of First Instance of f Chania. The Court dismissed the case, declaring that it lacked jurisdiction over the dispute due to the immunity granted to respondent organization under the Agreement Establishing the International Centre for Advanced Mediterranean Agronomic Studies.

The applicants appealed the decision of the Court of First Instance. The Court of Appeal reformed the judgment of first instance, finding that national courts have jurisdiction on employment disputes between ICAMAS and its staff member.

Notwithstanding it recognized that ICAMAS is entitled to immunity from legal process before Greek Courts, the Court of Appeal held that such immunity is not absolute.

In determining the scope of ICAMAS’s immunity, the Court relied on the distinction between acta jure imperii and acta jure gestionis usually applied to define the scope of State immunity. Accordingly, the jurisdictional immunities operates in respect of disputes arising from the performance of sovereign activities. Applying such distinction in the instant case, the Court concluded that the claims advance against ICAMAS did not concern institutional activities of the organization.