Grand-Duchy of Luxembourg v. Compagnie Luxembourgeoise de Télédiffusion and Compagnie Luxembourgeoise Assurance “Le Foyer”

Abstract

Jurisdiction — Territorial — Foreign armed forces — NATO Status of Forces Agreement, 1951 — Preamble and Article VIII(5)(a) and (b) — Claim for damage caused by member of NATO armed “force” — Accident to Belgian military aircraft over Luxembourg territory causing loss of life and damage to property — Claim against Luxembourg as receiving State — Dispute over applicability of Status of Forces Agreement — Whether aircraft operating within framework of NATO — Jurisdiction of Luxembourg courts

State responsibility — Tort — Damage caused by crash of foreign military aircraft — Responsibility of sending and receiving States — NATO Status of Forces Agreement, 1951 — Article VIII(5)(e)(i) — One sending State alone responsible — Fixed distribution of responsibility for payment of award between receiving and sending States — Whether mandatory — Article VIII(5)(f) — Possibility of request to North Atlantic Council to arrange alternative settlement

Air — Military aircraft — Overflight of foreign territory — Requirement of consent — Accident — Liability for damage — NATO Status of Forces Agreement, 1951 — Preamble — Whether requiring consent of receiving State to each specific flight or whether general consent sufficient — Whether tacit general consent may be implied from behaviour of receiving State — Practice in relation to other signatory States to the Agreement

Treaties — Interpretation — Preamble — Extent to which provisions of preamble are enforceable — NATO Status of Forces Agreement, 1951 — Overflight by foreign military aircraft — Consent requirement — Interpretation by reference to State practice — The law of Luxembourg