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/1992/162
- Translations
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Database of the CAHDI "The immunities of States and international organisations" - contribution of Italy - Jurisprudence of 09/12/1992
Database of the CAHDI "The immunities of States and international organisations" - contribution of Italy - Jurisprudence of 09/12/1992
Fincantieri SpA, Oto Melara SpA (body corporates) v. Irak (State)
Author(ity)
Tribunal of Genoa
Date of the decision, of the judgment
09/12/1992
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
Immunity form jurisdiction of a foreign State applies to sovereign acts performed by that State in its capacity as international law subject or as subject of its domestic law. Such acts cannot in fact have legal consequences on a different legal system.On the other hand, there is no immunity from jurisdiction of a foreign State for private law acts performed by that State in its capacity as a subject of the domestic law of other States. In fact, in this case it acts as if it were a subject of that legal system and resorts to the ordinary private instruments of that system, irrespective of the fact that these acts are performed in order to attain the public interests of the foreign State.
