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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/1974/137
Translations
THIS DOCUMENT CAN BE QUOTED AS FOLLOWS:
Database of the CAHDI "The immunities of States and international organisations" - contribution of Italy - Jurisprudence of 29/04/1974

Mallavel (individual) v. Ministère des affaires étrangères français (governmental body)

Author(ity)

Pretore (lower court judge) of Rome

Date of the decision, of the judgment

29/04/1974

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

According to the Italian legislation, foreign States, and international law subjects in general, are to be given the same treatment reserved by the Italian State to any other legal person exercising the powers of a public authority. Similarly, when such a subject is exercising a merely private activity, at the same level as a natural or legal person with whom it has a relation, it is subject to the Italian legislation. On the contrary, when an international law subject, in the pursuance of its domestic institutional goals, is exercising public activities or is concluding contracts on the basis of its sovereignty, it is exempt from jurisdiction, similarly to the Italian State, according to the principle par in parem non habet iurisdictionem.

Sources

Italian Yearbook of International Law, 1976, 322

Additional information (explanations, notes, etc.)

n/a