International Institute of Refrigeration v. Elkaim
Full Case Title: International Institute of Refrigeration v. Elkaim, Supreme Court (Court of Cassation - Civil Division), judgment of 8 November 1988
Reference Number: Case no. 84-41.462
Type of Document: Judicial decisions
International Organization: International Institute of Refrigeration
Year: 1988
Issuing Body: Supreme Court
Country: France
Mrs. Elkaim, a former employee of the International Institute of Refrigeration, brought a legal action against the Institute before the Civil Tribunal of Paris, complaining that the Institute had wrongfully terminated her employment contract.
The Court of Appeal held that national courts have jurisdiction to rule upon labour disputes against the Institute. The decision of the Court rested on the fact the Headquarters Agreement, concluded between the respondent organization and France, does not expressly confer immunity on the Institute. The Agreement provides, instead, that the staff members of the Institute, as defined in the Annex to this Agreement and in particular the Director of this Institute, are immune from any legal action for acts performed in the exercise of their functions and within the limits of their competences and responsibilities.
The institute appealed the judgment before the Supreme Court of Cassation, which overturned the merits judgment. According to the Supreme Court, the Agreement implicitly grants immunities to the Institute. In particular, it affirmed that “Since the Agreement could not be intended to confer on the agents of this international organization an immunity from which the organization itself would not benefit, the IIF can therefore avail itself of it with respect to proceedings initiated against it in relation to acts performed in its name by its representatives.”