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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/1977/140
Translations
THIS DOCUMENT CAN BE QUOTED AS FOLLOWS:
Database of the CAHDI "The immunities of States and international organisations" - contribution of Italy - Jurisprudence of 13/10/1977

Di Palma (individual) v. Government of the United States of America (State)

Author(ity)

Tribunal of Naples

Date of the decision, of the judgment

13/10/1977

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

Under article IX, paragraph 4, of the London Convention of June 19, 1951 on the Status of NATO Countries’ Armed Forces, working relations between the Armed Forces of NATO Countries and workers employed to meet the civil manpower local needs are governed by the legislation in force in the State of residence. In no case can these locally employed workers be considered as belonging to the armed forces, or to the civil element by which they are employed, nor as belonging to the public organisation of States operating abroad.

Sources

Foro napoletano, 1979, 51

Additional information (explanations, notes, etc.)

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