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/1979/133
- Translations
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Database of the CAHDI "The immunities of States and international organisations" - contribution of Italy - Jurisprudence of 12/09/1979
Database of the CAHDI "The immunities of States and international organisations" - contribution of Italy - Jurisprudence of 12/09/1979
Morocco (State) v. Società immobiliare Corte Barchetto (body corporate)
Author(ity)
Court of Appeal of Rome
Date of the decision, of the judgment
12/09/1979
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
Foreign States are immune from civil jurisdiction only as far as public acts performed while exercising their sovereign powers are concerned.With a view to recognising immunity, not the ultimate goal pursued by the foreign State, but only a private activity which could be performed by a private subject is relevant.
It is undoubted that, while leasing immovable property according to the Italian law, the foreign State is acting iure privatorum.
