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
THIS DOCUMENT CAN BE QUOTED AS FOLLOWS:
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.

Sources

Italian Yearbook of International Law, 1978-79, 174

Additional information (explanations, notes, etc.)

Article IX of the London Convention of 19 June 1951 (NATO-SOFA Convention)