United States Third Circuit
OSS Nokalva, Inc. v. European Space Agency, 09-3601
In a software corporation's suit against the European Space Agency (ESA), for breach of contract relating to license agreements and corresponding software maintenance agreements, district court's judgment is affirmed based on reasons other than those relied on by the district court as, in light of the "same immunity" language in the International Organizations Immunities Act (IOIA), it is unreasonable to assume that those international organizations that were established under the IOIA after foreign sovereign immunity had been altered by the Foreign Sovereign Immunity Act (FSIA) would still be subject to that level of immunity enjoyed by foreign governments and international organizations in 1945. Therefore, ESA is not entitled to immunity as it stood for foreign sovereigns in 1945.
Appellate Information
- Argued 06/29/2010
- Decided 08/16/2010
- Published 08/16/2010
Judges
Court
- United States Third Circuit
Counsel
- For Appellant:
- Elliot D. Ostrove, Ronald L. Israel