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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

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Information on the contribution

Member State
Italy
Themes
Type of document
Jurisprudence
Permanent link to the contribution
https://www.cahdidatabases.coe.int/C/Immunities/Italy/1996/156
Translations
THIS DOCUMENT CAN BE QUOTED AS FOLLOWS:
Database of the CAHDI "The immunities of States and international organisations" - contribution of Italy - Jurisprudence of 12/01/1996

United States of America (State) v. Montefusco (individual)

Author(ity)

Supreme Court of Cassation

Date of the decision, of the judgment

12/01/1996

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

Customary international law, applied in the Italian domestic law through Article 10 of the Constitution, provides for the recognition of immunity from jurisdiction only with reference to disputes related to public activities carried out by foreign States.

Sources

Giustizia civile, 1996, I, 1671

Additional information (explanations, notes, etc.)

Article 10 of the Italian Constitution