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 generally recognised international law provision on immunity from jurisdiction of foreign States and international public bodies only applies to situations which are not covered by domestic law, either because those States or bodies act in other countries as international law subjects, or because they act exercising their powers of a public authority in the legal system they belong to. When those States or foreign public bodies act not in the exercise of their sovereign powers, but as if they were private citizens, the jurisdiction of the host State cannot be excluded, in that it performs its activities iure privatorum.

Sources

Archivio civile, 1996, 1425

Additional information (explanations, notes, etc.)

n/a