Jakesch v. International Atomic Energy Agency
Full Case Title: Jakesch v. International Atomic Energy Agency, Labour Court of Vienna, judgment of 8 July 1971
Type of Document: Judicial decisions
International Organization: International Atomic Energy Agency
Year: 1971
Issuing Body: District Court/ Tribunal of first instance
Country: Austria
Anton Jekesch, a former employee of the International Atomic Energy Agency (IAEA), brought an employment-related claim against the IAEA before the Labour Court of Vienna.
The Labour Court dismissed the case, declaring that it lacked jurisdiction to adjudicate the case. The Court found that Article VIII 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, provides that the IAEA shall enjoy immunity from any form of legal process except insofar as in any particular case the IAEA shall have expressly waived its immunity. Aa the Court underlined, the unique exception to the immunity of the respondent organization is the express waiver, which did not occur in the instant case.
Therefore, according to the Court’s interpretation of the Headquarters Agreement, the IAEA was entitled to an absolute immunity from all forms of legal process.