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/1996/182
Translations
THIS DOCUMENT CAN BE QUOTED AS FOLLOWS:
Database of the CAHDI "The immunities of States and international organisations" - contribution of Italy - Jurisprudence of 01/10/1996

United States of America (State) v. Trapè (individual)

Author(ity)

Supreme Court of Cassation

Date of the decision, of the judgment

01/10/1996

Points of law

Article IX of the London Convention of 1951 says that working activities with civil personnel of an host Member State of NATO, are subject to the jurisdiction of such State.

Summary of the case

Article IX of the London Convention of June 19, 1951, on the Status of the Armed Forces of the Atlantic Alliance allows the Italian State to exercise its jurisdiction on personnel employed by the Marine Navy Exchange to meet the local requirements of civil manpower. In order to enforce the principle of protection of employment, under article 18 of law n. 300 of May 20, 1970, an Italian judge must start an inquiry on the economy of the conduct of the activity carried out by such institution.

Sources

Rivista di diritto internazionale privato e processuale, 1998, 181

Additional information (explanations, notes, etc.)

Article IX of the London Convention of 19 June 1951 (NATO-SOFA Convention)