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/1969/134
- Translations
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Database of the CAHDI "The immunities of States and international organisations" - contribution of Italy - Jurisprudence of 22/09/1969
Database of the CAHDI "The immunities of States and international organisations" - contribution of Italy - Jurisprudence of 22/09/1969
Parravicini (individual) v. Commercial Office of the Republic of Bulgaria (State)
Author(ity)
Tribunal of Rome
Date of the decision, of the judgment
22/09/1969
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 Commercial Department of the Popular Republic of Bulgaria – which has not a legal personality of its own, distinct from the personality of the Bulgarian State – is but an office of that State, and is therefore responsible for taking actions and filing claims.A foreign State is immune from Italian jurisdiction only in relation to acts performed by it iure imperii, i.e. acts expressing the exercise of its sovereignty. It is not immune in relation to acts performed jure gestionis, i.e. acts committing the State to property rights and obligations, at the same level as private contracting bodies. As a consequence, the Italian judge can exercise his jurisdiction only on a working dispute filed by an employee carrying out auxiliary tasks only, having no legal relation to the institutional tasks of the office itself.
