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
https://www.cahdidatabases.coe.int/C/Immunities/Italy/1990/174
Translations
THIS DOCUMENT CAN BE QUOTED AS FOLLOWS:
Database of the CAHDI "The immunities of States and international organisations" - contribution of Italy - Jurisprudence of 16/01/1990

Libia (State) v. Trobbiani (individual)

Author(ity)

Supreme Court of Cassation

Date of the decision, of the judgment

16/01/1990

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 case of dispute on a working relation with a foreign State, the Italian jurisdiction cannot be applied. In fact, although the dispute refers to a financial aspect of the relation itself, the claimant asks the judge to deal with the functions carried out by an employee, and thus with the autonomous activity of the State itself.

Sources

Rivista di diritto internazionale privato e processuale, 1991, 435

Additional information (explanations, notes, etc.)

n/a