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The immunities of States and international organisations

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Information on the contribution

Member State
Italy
Themes
Type of document
Jurisprudence
Permanent link to the contribution
http://www.cahdidatabases.coe.int/C/Immunities/Italy/1972/120
Translations
THIS DOCUMENT CAN BE QUOTED AS FOLLOWS:
Database of the CAHDI "The immunities of States and international organisations" - contribution of Italy - Jurisprudence of 14/11/1972

Ditta Campione (body corporate) v. Ditta Peti Nitrogenmuvek (body corporate) and Hungary (State)

Author(ity)

Supreme Court of Cassation

Date of the decision, of the judgment

14/11/1972

Points of law

The decision admits the immunity from civil jurisdiction only for foreign States when they act as sovereign bodies and not when they act as private subjects.

Summary of the case

According to one the commonly recognised international law rules (customary rules) enshrined in the Italian legal system under article 10 of the Italian Constitution, foreign countries are exempt from jurisdiction for those acts that are not governed by domestic law. In fact, States act in foreign territories, but as international law subjects, or they exercise the powers of a public authority in their own legal system and within their territory.

Sources

Italian Yearbook of International Law, 1975, 238

Additional information (explanations, notes, etc.)

Article 10 of the Italian Constitution