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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/1979/124
Translations
THIS DOCUMENT CAN BE QUOTED AS FOLLOWS:
Database of the CAHDI "The immunities of States and international organisations" - contribution of Italy - Jurisprudence of 05/07/1979

Castagna (individual) v. United States of America (State) and Delta Immobiliare (body corporate)

Author(ity)

Supreme Court of Cassation

Date of the decision, of the judgment

05/07/1979

Points of law

The decision provides that, in the relationships between States Parties to the NATO Agreement, immunity from jurisdiction related to acts achieved in the territory of an host Country and referred to Member States of the Alliance or to specific bodies of the same Organization, is not regulated by customary law.

Summary of the case

In the relations between the States signatories of the NATO Treaty, immunity from jurisdiction for acts performed in the territory of the host State and involving both Member States of the Alliance and the bodies belonging to its organisation, is governed not by customary provisions, but by specific contractual provisions.

Sources

Diritto del lavoro, 1981, 129

Additional information (explanations, notes, etc.)

NATO Treaty (Washington, 1949)