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/1986/130
- 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 03/02/1986
Database of the CAHDI "The immunities of States and international organisations" - contribution of Italy - Jurisprudence of 03/02/1986
Belgian Consulate in Naples (State) s. Esposito (individual)
Author(ity)
Supreme Court of Cassation
Date of the decision, of the judgment
03/02/1986
Points of law
Working activities related to the organization and operative structure of a Consular Office, are directly expression of the foreign State and express a typical public activity of that State.Summary of the case
Working relations established in order to organise the proper functioning of a consular office are to be considered as acts performed by a foreign State and, since they concern typically public activities of the State itself, they are immune from Italian jurisdiction.In order to ascertain the public nature of the working relation established by the Consul, the existence of a link between the activity performed by the employee and the consular function is to be verified. This link can be reasonably found in the performance of qualified co-operation and collaboration tasks, implying the status expressly covered by Article 43 of the Vienna Convention on Consular Relations of 24 April 1963, governing the treatment to be given to members of a consular office.
