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
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Database of the CAHDI "The immunities of States and international organisations" - contribution of Italy - Jurisprudence of 17/01/1986
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.