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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

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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/1979/128
Translations
THIS DOCUMENT CAN BE QUOTED AS FOLLOWS:
Database of the CAHDI "The immunities of States and international organisations" - contribution of Italy - Jurisprudence of 26/05/1979

SpA Imprese marittime Frassinetti and SpA Italiana lavori marittimi e terrestri (body corporates) v. Libia (State)

Author(ity)

Supreme Court of Cassation

Date of the decision, of the judgment

26/05/1979

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

Since foreign countries are immune from jurisdiction on disputes on activities performed in pursuance of their public goals, and since the acquisition by a State of goods belonging to foreigners through seizure is undoubtedly a public act, foreign Countries are immune from jurisdiction on disputes originating from said acquisition.

Sources

Italian Yearbook of International Law, 1980-81, 262

Additional information (explanations, notes, etc.)

Article 10 of the Italian Constitution