Decision of the Court of Cassation, United Sections, No. 15812 of 3 May 2016

Through this decision, the United Sections of the Court of Cassation confirmed that Germany does not enjoy exemption from Italy’s civil jurisdiction in the proceedings brought against it by Italian citizens who suffered damage in consequences of war crimes and crimes against humanity committed on Italian territory by members of the Third Reich. In the case, the Court had to decide on a recourse against a decision declaring the lacking of Italy’s jurisdiction, brought before it by the heirs of Spartaco Gamba and other victims. The United Sections grounded their decision on judgment No. 238 of 2014 of the Constitutional Court. Accordingly, the decision of the International Court of Justice on the case ‘Jurisdictional Immunities of the State’ (Germany v. Italy, 2012), imposing upon Italy an obligation to decline its competence over Germany in accordance with general international law, is not enforceable in Italy because inconsistent with Italian Constitution’s fundamental values.