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/1990/148
- Translations
-
- No translations
- Add a translation
THIS DOCUMENT CAN BE QUOTED AS FOLLOWS:
Database of the CAHDI "The immunities of States and international organisations" - contribution of Italy - Jurisprudence of 11/06/1990
Database of the CAHDI "The immunities of States and international organisations" - contribution of Italy - Jurisprudence of 11/06/1990
CF SpA (body corporate) v. Libia (State)
Author(ity)
Tribunal of Piacenza
Date of the decision, of the judgment
11/06/1990
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 defending foreign State is not immune from jurisdiction in case the dispute refers to a merely private activity, such as the supply of goods.Under paragraph 3 of the single article of Royal Decree 1621 of 1925, the authorisation of the Minister of Justice is necessary only when the Minister has previously stated the existence of reciprocity by decree duly published in the Official Journal.
Based on a customary international law principle (enshrined in the Italian law by article 10 of the Constitution, i.e. thorough a preceptive rule) the assets of a foreign State necessary to exercise sovereign functions or to attain public goals cannot be seized nor subjected to compulsory enforcement. Hence, the seizure of bank current accounts is to be excluded, in that it would deprive a foreign State of the resources needed to carry out its institutional and public tasks in the State in which the accounts are open.
