Belgian State and Ministry for National Defence v. Dahlen and Luchte

Abstract

239Jurisdiction — Territorial — Concurrent jurisdiction pursuant to treaty — Civil jurisdiction — Claim for damages — NATO Status of Forces Agreement, 1951 — Article VII(3) — Article VIII(5)(a) — Tort committed in receiving State — Right of action against receiving State — Whether excluding jurisdiction of courts of sending StateJurisdiction — Territorial — Foreign armed forces — Civil jurisdiction of receiving State — NATO Status of Forces Agreement, 1951 — Belgian forces stationed in Federal Republic of Germany — “Civilian component” — Tort committed in performance of official duties — Claim for damages — Applicable law — Lex loci delicti — The law of Belgium