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/1990/149
- Translations
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Database of the CAHDI "The immunities of States and international organisations" - contribution of Italy - Jurisprudence of 23/08/1990
Database of the CAHDI "The immunities of States and international organisations" - contribution of Italy - Jurisprudence of 23/08/1990
Libia (State) v. Condor Srl (body corporate)
Author(ity)
Supreme Court of Cassation
Date of the decision, of the judgment
23/08/1990
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
According to a customary international law principle, the exemption of a foreign State from the jurisdiction of the territorial State can be applied only in case of acts performed iure imperii, except in cases where the foreign State is in the same situation as Italian citizens resorting to private instruments of domestic law.According to an international customary law principle, the assets of a foreign State are exempt from provisional and executive measures, provided that the assets are used in the exercise of sovereign functions or to attain public goals. Hence, also in case of conservatory or enforcement acts, immunity form jurisdiction can be applied to activities carried out in the exercise of the powers of a public authority, whereas it is excluded in case of private activities.
