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 exercise of public powers on which the system of road signs and signals is based only concerns the law-making process, i.e. the time orders or prohibitions related to the specific requirements of road traffic regulation are planned through typical cases corresponding to different situations. On the other hand, the actual enforcement of such a system is compulsory, and those who do not comply with it are liable of sanctions. The ascertainment of this kind of responsibilities does not interfere with the exercise of the above-mentioned powers. As a consequence, a foreign State against which a claim is filed, aimed at attributing such a responsibility, cannot be exempt from the jurisdiction of the Italian judge, based on the principle par in parem non habet iurisdictionem, in that the related activities are not iure imperii.

Sources

Rivista di diritto internazionale privato e processuale, 1994, 372

Additional information (explanations, notes, etc.)

n/a