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/1992/152
- 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 15/07/1992
Database of the CAHDI "The immunities of States and international organisations" - contribution of Italy - Jurisprudence of 15/07/1992
Condor and Filvem (body corporates) v. Ministry of Justice (governmental body)
Author(ity)
Constitutional Court
Date of the decision, of the judgment
15/07/1992
Points of law
The decision declares the constitutional illegitimacy of the royal decree-law August 30, 1925, no. 1621 and the inexistence of a customary rule that absolutely forbids coercive measures on properties belonging to foreign States.Summary of the case
A not written international rule prohibiting enforcement measures on assets belonging to foreign State is no longer applicable.The single article of royal decree n. 1621 of August 30, 1925, turned into law n. 1263 of July 15, 1926, is against the Italian constitution (see Article 24). It refers to enforcement measures on assets belonging to foreign States in Italy, and subjects to the authorisation of the Minister of Justice any conservatory act or enforcement measures on assets belonging to a foreign State, other than assets which - according to generally recognised international law measures - cannot be subjected to enforcement measures.
