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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/1977/123
Translations
THIS DOCUMENT CAN BE QUOTED AS FOLLOWS:
Database of the CAHDI "The immunities of States and international organisations" - contribution of Italy - Jurisprudence of 29/04/1977

Società immobiliare Corte Barchetto (body corporate) v. Morocco (State)

Author(ity)

Tribunal of Rome

Date of the decision, of the judgment

29/04/1977

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

On the basis of a generally recognised customary international law principle enshrined in the Italian domestic law, under article 10, paragraph 1, of the Constitution, foreign States are immune from civil jurisdiction only when, acting in their capacity as international law subjects or in the exercise of the powers of a public authority, perform acts aimed at attaining public goals. On the contrary, immunity cannot be applied when a foreign State acts outside its sovereign powers, as if it were a private citizen.

Sources

Italian Yearbook of International Law, 1980-81, 222

Additional information (explanations, notes, etc.)

Article 10 of the Italian Constitution