Order of the Court of Cassation, Civil United Sections, No. 26661 of 22 December 2016

The United Sections of the Court of Cassation ruled on a claim of reintegration into a workplace by a worker who was fired by a Spanish cultural institution, a body of a foreign state. They clarified that, under the principle of restricted state immunity, Italian courts have no jurisdiction. For the United Sections, a different solution is inadmissible in the light of the principles laid down in Article 11 of the United Nations Convention on Jurisdictional Immunities of States and Their Property (ratified by Italy with law No. 5 of 2013). As the European Court of Human Rights ruled, such principles are an integral part of customary international law.

  • See also:

    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, done in New York on 2 December 2004, and norms for adapting the domestic legal system.

  • Original language: Italiano