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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/1998/188
Translations
THIS DOCUMENT CAN BE QUOTED AS FOLLOWS:
Database of the CAHDI "The immunities of States and international organisations" - contribution of Italy - Jurisprudence of 20/04/1998

Canada (State) v. Cargnello (individual)

Author(ity)

Supreme Court of Cassation

Date of the decision, of the judgment

20/04/1998

Points of law

Working activities immediately related to directive offices of a Consulate are not submitted to Italian jurisdiction.

Summary of the case

The fact that the State of Canada proposes an appeal in cassation through a decision concerning the Consulate General of Canada in Milan does not constitute a case for replacement. In fact said Consulate is not a subject different from the State it belongs to, but is one of its representation bodies. The Italian judge, however, has no jurisdiction on the dismissal by the Consulate General of Canada of a commercial attaché, in that the tasks performed by him fall within the consular functions under article 5.b and c of the Vienna Convention on Consular Relations of April 24, 1963. Moreover, a decision on the financial aspect of the case would entail an assessment and an inquiry on the exercise of the sovereign powers of a foreign State.

Sources

Rivista di diritto internazionale privato e processuale, 1999, 1030

Additional information (explanations, notes, etc.)

Article 5 (b) (c) of the Vienna Convention on Consular Relations of 24 April 1963