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/1993/153
Translations
THIS DOCUMENT CAN BE QUOTED AS FOLLOWS:
Database of the CAHDI "The immunities of States and international organisations" - contribution of Italy - Jurisprudence of 13/02/1993

Terracciano (individual) v. Cappellari (individual)

Author(ity)

Supreme Court of Cassation

Date of the decision, of the judgment

13/02/1993

Points of law

Articles 37 and 41 the Italian Civil Proceedings Code enable to check Italian jurisdiction in the cases of immunity.

Summary of the case

The immunity of jurisdiction of the Italian judge, based on rules on immunity from civil jurisdiction in disputes between an Italian citizen and a foreign State (or another sovereign international or foreign body) can be codified through a preventive regulation on jurisdiction, under articles 37 and 41 of the civil procedure code.

Sources

Foro italiano, 1993, I, 722

Additional information (explanations, notes, etc.)

Articles 37 and 41 of the Italian Civil Proceedings Code