Database

The immunities of States and international organisations

This database contains the original national contributions bringing together information on The immunities of States and international organisations

Search

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/1981/125
Translations
THIS DOCUMENT CAN BE QUOTED AS FOLLOWS:
Database of the CAHDI "The immunities of States and international organisations" - contribution of Italy - Jurisprudence of 14/04/1981

SIMAC-CISL (body corporate) v. United States of America (State)

Author(ity)

Pretura (lower court judge) of Milan

Date of the decision, of the judgment

14/04/1981

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

An Italian judge has no jurisdiction on a claim filed by a trade union of employees of foreign consulates against a foreign country, under Article 28 of the Statute of workers’ rights. In fact, the effects of the provisions contained in this Article are not limited to the individual working relations, but also cover the prerogatives of the employer, therefore affecting the organisation functions of the foreign State.

Sources

Italian Yearbook of International Law, 1985, 181

Additional information (explanations, notes, etc.)

n/a