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 customary international law, a foreign State is immune from jurisdiction of other States in the performance of acts aimed at attaining its institutional goals, i.e. acts through which it exercises its State functions. On the contrary, no immunity is provided for with reference to acts performed in the territory of another State by a foreign State acting as private law subject, within the domestic law of the hosting State, even if these acts are necessary in order to establish, organising and operating an office.

The Italian State cannot interfere with in the exercise of functions typical of a public service of a foreign State. Yet, there is no interference when the jurisdiction is exercised on disputes concerning working relations and the employee is carrying out merely auxiliary functions, or the claim only concerns property aspects, unless public powers related to the organisation of offices or services of an Embassy are directly involved.

Sources

Rivista di diritto internazionale, 1991, 993

Additional information (explanations, notes, etc.)

Article 10 of the Italian Constitution