French Consulate Disabled Employee Case

Abstract

State immunity — Jurisdictional immunity — Consular employee — Caretaker — Contract of employment — Termination — Express subjection to provisions of local law — Employee suffering from disability — Requirement under local law for public authorities to consent to dismissal — Whether applicable to consular employee of foreign State — Whether application of such rule would infringe sovereignty of foreign State

Consular relations — Immunity — Jurisdictional immunity — Dismissal of disabled consular employee — Requirement under local law for consent by public authorities to dismissal — Whether enforceable against sending State — Whether such requirement constituting interference with performance of consular functions — Vienna Convention on Consular Relations, 1963, Article 5 — The law of the Federal Republic of Germany