Mytilene Consular Immunities Case

• Jurisdiction: Grecia
• Docket Number: Case No. 141
• Date: 25 December 1926
• Court: Obsolete Court (Greece)

Court of Appeal, Ægea.

Case No. 141

Mytilene Consular Immunities Case.

Consular Immunities — Capitulations — Cessation of Effect — in case of Annexation by State.

The Facts.—The German Vice-Consul at Mytilene was sued for payment of a promissory note signed by him in connection with certain private commercial business in which he was engaged. He disputed the competence of the Court on the grounds both of diplomatic immunity and of the Capitulations. The Court of First Instance overruled the plea to the jurisdiction.

Held: By the Court of Appeal—

That the decision of the Court of First Instance was correct: (a) At the time of the institution of the action (28 September, 1914), the Capitulations, which resulted from international treaties binding on Turkey, ceased to be effective as the result of the annexation of Mytilene to Greece, which was not bound by these Capitulations; (b) seeing that the appellant was sued on a private commercial...