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/1995/181
Translations
THIS DOCUMENT CAN BE QUOTED AS FOLLOWS:
Database of the CAHDI "The immunities of States and international organisations" - contribution of Italy - Jurisprudence of 21/04/1995

United States of America (State) v. Lo Gatto (individual)

Author(ity)

Supreme Court of Cassation

Date of the decision, of the judgment

21/04/1995

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

According to the Vienna Convention of April 24, 1963, on Consular Relations, an Italian judge has no jurisdiction in case of re-employment of an Italian citizen who was employed by a foreign Consulate in Italy as a switchboard operator. His job is in fact one of the confidential jobs of the public organisation of the consular office.

Sources

Il Consiglio di Stato, 1995, II, 1771

Additional information (explanations, notes, etc.)

Vienna Convention on Consular Relations of 24 April 1963