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
THIS DOCUMENT CAN BE QUOTED AS FOLLOWS:
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.

Sources

Rivista di diritto internazionale privato e processuale, 1990, 652

Additional information (explanations, notes, etc.)

European Convention on State Immunity (ETS No. 74)