Points of law

The decision provides that, in the relationships between States Parties to the NATO Agreement, immunity from jurisdiction related to acts achieved in the territory of an host Country and referred to Member States of the Alliance or to specific bodies of the same Organization, is not regulated by customary law.

Summary of the case

An Italian fireman in force to the US armed forces cannot be considered as part of the “civil element” of NATO. In fact, the US Command has never included Italian firemen in that element, and the working hours of such workers were the subject of a special clause of the agreement concluded on July 17, 1957, between the Italian Minister of Labour and the US Commander. The agreement aimed at governing “recruitment, administration and payment of personnel employed by the US armed forces”, in execution of Article IX, paragraph 4 of the Convention. Moreover, the fireman was covered by insurance by the National Social Security Institute. As a consequence, immunity from jurisdiction cannot be invoked in working disputes between the above-mentioned fireman and the United States of America.

Sources

Italian Yearbook of International law, 1977, 344

Additional information (explanations, notes, etc.)

London Convention of 19 June 1951 (NATO-SOFA Convention)