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/1993/179
Translations
THIS DOCUMENT CAN BE QUOTED AS FOLLOWS:
Database of the CAHDI "The immunities of States and international organisations" - contribution of Italy - Jurisprudence of 25/02/1993

United States of America (State) v. Giannetti and Puccetti (individuals)

Author(ity)

Supreme Court of Cassation

Date of the decision, of the judgment

25/02/1993

Points of law

The decision is concerned with legitimacy of collective dismissals of the local personnel of NATO Headquarters.

Summary of the case

Working relations between Italian citizens and a foreign NATO Member State are governed by the Italian law, according to the London Convention of June 19, 1951, on the Status of the Armed Forces of the Atlantic Alliance stationed in the territory of an allied State. Yet, the regime of collective dismissals and of the protection of employment does not apply to the above relations, in the light of the non-entrepreneurial nature of the employer.

Sources

Rivista di diritto internazionale privato e processuale, 1994, 361

Additional information (explanations, notes, etc.)

London Convention of 19 June 1951 (NATO-SOFA Convention)