Abstract
This chapter describes the implications of the decision made by the German federal constitutional court in Immunity Case of 1977. In 1975 a citizen of the Federal Republic of Germany obtained from the Landgericht (the trial court) in Bonn a default judgment against the Republic of the Philippines for the payment of DM 95 231.86 plus interest and costs. The suit had arisen from a rental contract for a house which the Republic of the Philippines had leased for use as offices by its embassy. On the basis of the judgment, the plaintiff obtained from the Amtsgericht (the local court) an order attaching the claims of the Republic of the Philippines against the garnishee, a German bank in Bonn, for payment of the present and all future balances because of the Republic of the Philippines from existing transactions on the current account. The Republic of the Philippines objected to the order on the ground that the embassy's account was not subject to German jurisdiction. The Amtsgericht suspended the enforcement proceedings and referred the question to the Bundesverfassungsgericht (the German Federal Constitutional Court). The chapter discusses the decision made by German Federal Constitutional Court in this case.
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