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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

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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/1980/143
Translations
THIS DOCUMENT CAN BE QUOTED AS FOLLOWS:
Database of the CAHDI "The immunities of States and international organisations" - contribution of Italy - Jurisprudence of 14/07/1980

Castagna (individual) v. United States of America (State) and Delta Immobiliare (body corporate)

Author(ity)

Pretore (lower court judge) of Martina Franca

Date of the decision, of the judgment

14/07/1980

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

Since it was ascertained that in this specific case the supply of work and services was not in favour of the subject formally appearing as employer, but rather of the Government of the United States of America, the latter is to supply the economic and legal treatment due to the claimant employed by it.

Sources

Diritto del lavoro, 1981, 131

Additional information (explanations, notes, etc.)

Article 9 (a) of the Paris Agreement of 26 July 1961 between the Italian Government and the Supreme Alleate Headquarters in Europe (SACEUR)