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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
http://www.cahdidatabases.coe.int/C/Immunities/Italy/1993/163
Translations
THIS DOCUMENT CAN BE QUOTED AS FOLLOWS:
Database of the CAHDI "The immunities of States and international organisations" - contribution of Italy - Jurisprudence of 16/11/1993

Fall. SpA Maniglia Costruzioni (body corporate) v. Saudi Arabia (State)

Author(ity)

Tribunal of Palermo

Date of the decision, of the judgment

16/11/1993

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 customary international law rule on immunity from jurisdiction of foreign countries was and still is interpreted by the States belonging to the international community on the basis of the principle of relativity of immunity. Said rule therefore applies only to public acts performed by a foreign State in its relations not covered by its domestic law, or in the exercise of its sovereign powers, but does not apply to private acts it may carry out. This principle was also repeatedly supported by the joint sections Court of Cassation.

Sources

Diritto fallimentare, 1994, II, 379

Additional information (explanations, notes, etc.)

n/a