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/1977/139
- Translations
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Database of the CAHDI "The immunities of States and international organisations" - contribution of Italy - Jurisprudence of 27/01/1977
Database of the CAHDI "The immunities of States and international organisations" - contribution of Italy - Jurisprudence of 27/01/1977
United States of America (State) v. Porciello (individual)
Author(ity)
Supreme Court of Cassation
Date of the decision, of the judgment
27/01/1977
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
In order to determine whether the Italian judge has jurisdiction on working relations between NATO bodies and private citizens of the State of residence, it is necessary to distinguish between workers employed under a NATO international contract and workers employed under a local contract. Such a distinction is linked to the difference between acts performed jure imperii and acts performed jure gestionis.Article IX, paragraph 4 of the London Convention of June 19, 1951, on the Status of NATO Countries’ Armed Forces recognised the distinction between the public and private nature of the disputed relation. It subjected working relations concluded locally to the legislation in force in the residence State, and consequently also to its jurisdiction.
