Based on decision No. 238/2014 of the Constitutional Court, the Court in Florence has disregarded the ruling of the International Court of Justice in its decision of 2012 on the case Jurisdictional Immunities of the State (Germany v. Italy), and has affirmed its own jurisdiction over a compensation claim brought against Germany by Mr Simoncioni, an Italian national who suffered damages in consequences of World War II war crimes committed, at least in part, on Italian territory by the Third Reich. After rejecting further exceptions from Germany concerning the alleged renunciation to compensation by Italy, or the extinction of the claimant’s rights due to statutory limitations, the Court sentenced Germany to pay an amount of 30,000 Euros as compensation of non-pecuniary damages, and the court costs.
Judgment of the International Court of Justice, 3 February 2012, Jurisdictional Immunities of the State (Germany v. Italy ; Law No. 5 of 14 January 2013, Accession of the Republic of Italy to the UN Convention on Jurisdictional Immunities of States and Their Property; Decision of the Court of Cassation, I Criminal Section, No. 32139 of 30 May 2012; Decision of the Constitutional Court No. 238 of 22 October 2014; Order of the Court of Florence No. 1300 of 21 January 2014; Decision of the Court of Florence, II Civil Section, No. 2468 of 6 July 2015.