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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

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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/1989/173
Translations
THIS DOCUMENT CAN BE QUOTED AS FOLLOWS:
Database of the CAHDI "The immunities of States and international organisations" - contribution of Italy - Jurisprudence of 15/03/1989

Malta (State) v. Dalli (individual)

Author(ity)

Supreme Court of Cassation

Date of the decision, of the judgment

15/03/1989

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

In case of dispute between a foreign Embassy in Italy and a typist, the Italian jurisdiction cannot be applied. In fact, his/her job implies his/her participation in the public organisation of the State itself, in that it is performed in close connection with the officials’ job, and therefore in a position of trust, due to his/her necessary knowledge of the State’s institutional acts.

Sources

Rivista di diritto internazionale privato e processuale, 1991, 474

Additional information (explanations, notes, etc.)

n/a