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

Search

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/1992/165
Translations
THIS DOCUMENT CAN BE QUOTED AS FOLLOWS:
Database of the CAHDI "The immunities of States and international organisations" - contribution of Italy - Jurisprudence of 18/05/1992

Malta (State) v. Società Nicosia Immobiliare SpA (body corporate)

Author(ity)

Supreme Court of Cassation

Date of the decision, of the judgment

18/05/1992

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 from jurisdiction of foreign States and public bodies applies when they act as international law subjects or in the exercise of the powers of a public authority. It does not apply when they act as private Italian citizens, resorting to the private instruments provided for by the domestic law, e.g. in the case of the conclusion of a contract of lease, even if the premises are to host the Embassy of a foreign State.

Sources

Rivista di diritto internazionale privato e processuale, 1993, 397

Additional information (explanations, notes, etc.)

n/a