United States of America v P.V.N.

Supreme Court, United States of America v P.V.N., Nr. S.15.0051.N/2, 4 March 2019

The Belgian Supreme Court examines a judgement of the Brussels Labour Court of Appeal. The case concerns a dispute involving an employment contract between the USA and a private person, P.V.N., who worked for the US embassy in Belgium and demanded compensation after being dismissed in 2010.

The Supreme Court holds that, according to international customary law and, as provided by Article 11(1) of the 2004 Convention on Jurisdictional Immunities of States and their Property, a foreign state can only invoke immunity from jurisdiction in the context of employment disputes when a number of criteria are met, including that a person must be appointed for the performance of certain acts performed in the exercise of public authority (‘acta jure imperii’).

The Brussels Court of Appeal previously established that, while the defendant performed certain preparatory acts with regard to acts involving the exercise of public authority, he did not have the authority to sign and bind the USA. Consequently, such acts could not of themselves be considered to entail the exercise of public authority for which immunity from jurisdiction can be invoked. The Supreme Court confirms that the judgement of the Court of Appeal was properly motivated.


Prosecutor v A.I., B.H. et al.

Brussels Court of Appeal, Prosecutor v A.I., B.H. et al., Nr. 2017 FC 1, 26 February 2019

The case concerned several individuals accused of terrorist offences on account of their alleged involvement in a terrorist group operating in Chechnya. The Court held that Article 6(3)(a) ECHR (the right to a fair trial) does not imply that the indictment must state all the concrete information from which the existence of the personal involvement of the accused can be derived. In casu, the charges were sufficiently clear and unambiguous. The Brussels Court of Appeal held, however, that there were no indications that the defendants were indeed guilty of the crimes charged. Accordingly, there was no need to inquire whether the ‘terrorism exception’ of Article 141bis of the Belgian Criminal Code, relating to acts of armed forces during an armed conflict, was applicable.


A.N.H. {Ex parte}

Supreme Court, A.N.H., Nr. C.18.0400.N, 18 February 2019

The Court holds that a ‘State’ can be said to exist when the criteria laid down in the 1933 Montevideo Convention are fulfilled, and that the creation of a State is, in principle, not contingent on its recognition by other States. In light hereof, the Ghent Court of Appeal did not err in regarding the claimant as a Palestinian national, rather than a Stateless person. In particular, the Supreme Court rejects the claimant’s argument that Palestine could not be qualified as a State due to a lack of recognition by the international community.