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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/1991/176
Translations
THIS DOCUMENT CAN BE QUOTED AS FOLLOWS:
Database of the CAHDI "The immunities of States and international organisations" - contribution of Italy - Jurisprudence of 10/10/1991

Taha (individual) v. Egypt (State)

Author(ity)

Pretore (lower court judge) of Rome

Date of the decision, of the judgment

10/10/1991

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 civil jurisdiction, enjoyed by foreign States under a customary international law principle, only applies to acts through which the public functions of said States are exercised and cannot be applied to private activity of the States. When applying this principle to working relations, it is common opinion that immunity from jurisdiction cannot be applied when the employee carries out manual or auxiliary jobs, or in case the dispute concerns property aspects not connected with the organisation of the offices of the foreign State concerned.

Sources

Rivista giuridica del lavoro, 1992, II, 784

Additional information (explanations, notes, etc.)

n/a