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/1986/147
Translations
THIS DOCUMENT CAN BE QUOTED AS FOLLOWS:
Database of the CAHDI "The immunities of States and international organisations" - contribution of Italy - Jurisprudence of 17/01/1986

Church (individual) v. Ferraino (individual)

Author(ity)

Supreme Court of Cassation

Date of the decision, of the judgment

17/01/1986

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

According to article 43, paragraph 1, of the Vienna Convention on Consular Relations, concluded on April 24, 1963, codifying an international general principle on this subject, Consuls cannot be judged by the authorities of the State of residence for acts performed in the exercise of their consular functions.

The Italian judge has no jurisdiction on a working dispute filed by an employee of the international hospital of Naples against a foreign Consul being a member of the Board of Directors of the Hospital.

Sources

Rivista di diritto internazionale privato e processuale, 1987, 325

Additional information (explanations, notes, etc.)

Article 43 (1) of the Vienna Convention on Consular Relations of 24 April 1963