With this decision, the Tribunal of Sulmona ruled that the Federal Republic of Germany is liable, as successor of the Third Reich, for the massacre perpetrated between 16 and 21 November 1943 in the municipality of Roccaraso – Pietransieri (AQ) to the prejudice of Italian nationals. Therefore, it condemned Germany to compensation for damages suffered by Italian population and to payment costs of the proceedings. The Tribunal of Sulmona has affirmed its own jurisdiction in this proceeding on the grounds of the decision of the Italian Constitutional Court No. 238/2014. It is stated in that decision that the ruling of the International Court of Justice of 2012 on the case Jurisdictional Immunities of the State (Germany v. Italy) may not be implemented in Italy because of its incompatibility with supreme values of the constitutional order.
Decision of the Constitutional Court No. 238 of 22 October 2014; Judgment of the International Court of Justice, 3 February 2012, Jurisdictional Immunities of the State (Germany v. Italy: Greece intervening); 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.