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/1989/159
- Translations
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- No translations
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Database of the CAHDI "The immunities of States and international organisations" - contribution of Italy - Jurisprudence of 15/05/1989
Database of the CAHDI "The immunities of States and international organisations" - contribution of Italy - Jurisprudence of 15/05/1989
British General Consulate in Naples (State) v. Toglia (individual)
Author(ity)
Supreme Court of Cassation
Date of the decision, of the judgment
15/05/1989
Points of law
Consuls have immunity from civil and administrative jurisdiction of the host Country for acts related to the exercise of their functions.Summary of the case
According to a generally recognised international principle – codified in article 43 of the Vienna Convention on Consular Relations of April 24, 1963, as well as in articles 6 and 13 of the Italian-British of June 1, 1954 – Consuls are entitled to immunity from the civil and administrative jurisdiction of the host State for acts performed in the exercise of their functions.The European Convention on Immunity of States, concluded in Basel on May 16, 1972, excluding immunity for working relations with workers who are citizens of the accrediting State and which was not ratified by Italy, constitutes a document codifying the evolution of international customary law.
