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The immunities of States and international organisations

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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/1994/155
Translations
THIS DOCUMENT CAN BE QUOTED AS FOLLOWS:
Database of the CAHDI "The immunities of States and international organisations" - contribution of Italy - Jurisprudence of 07/05/1994

Fincantieri-Cantieri navali SpA and Oto Melara SpA (body corporates) v. Irak (State)

Author(ity)

Court of Appeal of Genoa

Date of the decision, of the judgment

07/05/1994

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

A foreign State is not exempt from jurisdiction in all cases where it could become a party, but only with reference to some cases, i.e. cases concerning activities performed by a foreign State in the exercise of its sovereign power as superiorem non recognoscens, i.e. as international law subject. This is not the case when, like in the reference case, a foreign State acts as a private law subject, enjoying its legal capacity recognised to it by another legal system and its relevant private law instruments.

Sources

Nuova giurisprudenza civile commentata, 1995, I, 661

Additional information (explanations, notes, etc.)

Article 10 of the Italian Constitution