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

Search

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/1997/183
Translations
THIS DOCUMENT CAN BE QUOTED AS FOLLOWS:
Database of the CAHDI "The immunities of States and international organisations" - contribution of Italy - Jurisprudence of 06/05/1997

Spain (State) v. Chiesa di San Pietro in Montorio (body corporate)

Author(ity)

Supreme Court of Cassation

Date of the decision, of the judgment

06/05/1997

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 a dispute between a foreign government and a church body on the property of a church, the Italian jurisdiction can be applied. In fact, from the agreement signed by such body and the Italian government it can be inferred that the former acted as a private law subject within the Italian law.

Sources

Rivista di diritto internazionale privato e processuale, 1998, 605

Additional information (explanations, notes, etc.)

n/a