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/1988/172
Translations
THIS DOCUMENT CAN BE QUOTED AS FOLLOWS:
Database of the CAHDI "The immunities of States and international organisations" - contribution of Italy - Jurisprudence of 17/10/1988

Brasil (State) v. De Lucia (individual)

Author(ity)

Supreme Court of Cassation

Date of the decision, of the judgment

17/10/1988

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 order to determine whether a foreign State is immune from civil jurisdiction for working or employment relations with Italian citizens, it is necessary to consider the nature of the job of the individual worker. Based on this principle, an Italian judge has no jurisdiction for working relations entailing the participation of the employee in activities carried out by a foreign country in order to attain its public goals. On the other hand, mechanical or manual jobs, which cannot be considered as public activities of a State, are subject to the Italian jurisdiction.

Sources

Rivista di diritto internazionale privato e processuale, 1990, 705

Additional information (explanations, notes, etc.)

n/a