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
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/1977/129
- Translations
-
- No translations
- Add a translation
THIS DOCUMENT CAN BE QUOTED AS FOLLOWS:
Database of the CAHDI "The immunities of States and international organisations" - contribution of Italy - Jurisprudence of 21/10/1977
Database of the CAHDI "The immunities of States and international organisations" - contribution of Italy - Jurisprudence of 21/10/1977
Iasbez (natural person) v. Centre international de hautes études agronomiques méditerranéennes (body corporate)
Author(ity)
Supreme Court of Cassation
Date of the decision, of the judgment
21/10/1977
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
The European Convention on Immunity of States, signed in Basel on May, 16, 1972 (signed, but not yet ratified by Italy) bears witness to the evolution of customary international law. Such evolution is aimed at limiting the cases in which immunity from jurisdiction can be invoked by foreign countries and, in particular, at rejecting immunity in case of disputes related to a “working contract concluded by the State and a natural person when the job is to be performed on the territory of the State concerned” (Article 5).Immunity of foreign countries from jurisdiction only applies to working relations under which the worker is entrusted with co-operation and collaboration tasks, in that only such tasks entail the participation in the public functions of the foreign State.
