Mme I. v. Organization for Economic Cooperation and Development

The case arose from the termination of a consultancy contract between Mme X. and the Organization for Economic Co-operation and Development (OECD). The claimant had been engaged as a consultant through successive fixed-term contracts from 2001 until 2006, when the organization ended the final contract without notice or compensation. She brought a claim before the Labour Court of Paris seeking reclassification of her contractual relationship as an open-ended employment contract and alleging wrongful termination.

The Labour Court declined jurisdiction on the basis of the OECD’s immunity, and the Paris Court of Appeal upheld that decision. The claimant appealed from the Court of Appeal’s decision, arguing that the OECD could not rely on immunity because its internal Administrative Tribunal did not offer guarantees of independence, impartiality, publicity of proceedings, and access to review that would satisfy the requirements of Article 6(1) of the European Convention on Human Rights (ECHR) and the French conception of international public order.

The Supreme Court rejected the appeal. It confirmed that, under the 1948 Additional Protocol to the Convention for European Economic Cooperation, the OECD enjoys immunity from jurisdiction unless the organization expressly waives it.

The Court held that the existence of the OECD Administrative Tribunal provided the claimant with a judicial remedy for employment disputes, offering sufficient guarantees of independence and fairness. It noted that the Tribunal is composed of qualified jurists appointed from outside the organization, that its members serve with impartiality and independence, that hearings are public unless the Tribunal decides otherwise, that the dates of hearings are published, and that written judgments are made available. The Court further held that the absence of an appellate mechanism does not violate the applicable standards, since neither French law nor Article 6(1) ECHR requires a double degree of jurisdiction in civil matters. The appeal was therefore dismissed, and the OECD’s immunity was upheld.