1963

FCCG

Claim against the Empire of Iran Case 45 ILR 57 Federal Constitutional Court of Germany

The claim was for the cost of repairs to the heating system of the Iranian Embassy

(80) As a means for determining the distinction between acts jure imperii and jure gestionis one should rather refer to the nature of the state transaction or the resulting legal relationship, and not to the motive or purpose of the state activity. (81) This court has concluded that the contract for repairs is to be regarded as a non-sovereign function of the foreign state.