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

The intention to put workers employed by the armed forces of a foreign country at the same level as workers employed by national subjects would be thwarted if the former were denied the possibility to appeal to judges of their State of origin for the protection of their rights. For this reason, it is to be understood that the fact that working conditions of local manpower are subjected to the laws of the State of residence should include also the fact that related disputes are to be subjected to the jurisdiction of that State. Immunity form Italian jurisdiction of a dispute between a NATO member country and a worker employed in Italy belonging to the category of workers covered by the above-mentioned provision cannot be invoked.

Sources

Italian Yearbook of International Law, 1978-79, 173

Additional information (explanations, notes, etc.)

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