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/1993/166
- Translations
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Database of the CAHDI "The immunities of States and international organisations" - contribution of Italy - Jurisprudence of 18/10/1993
Database of the CAHDI "The immunities of States and international organisations" - contribution of Italy - Jurisprudence of 18/10/1993
Guinea (State) v. Trovato (individual)
Author(ity)
Supreme Court of Cassation
Date of the decision, of the judgment
18/10/1993
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
Although ordinary practice and article 30 of the Vienna Convention of April 18, 1961, provide for the official residence of the Ambassador to be treated as the premises of the Embassy, the Italian jurisdiction applies to a dispute with a foreign State concerning the validity of a preliminary contract aimed at purchasing a building that will host the residence of the Ambassador.With a view to establishing immunity from jurisdiction of a foreign State, the actual property of a building by its diplomatic agent is irrelevant, in case the preliminary sale contract was not subsequently sanctioned by an official document.
