PIL instrument(s)
Brussels I
Case number and/or case name
ITT20080529 Cass. N. 14201 (BI)
Details of the court
Italy, Third Instance
Articles referred to by the court
Brussels I
Article 2
Paragraph 1
Paragraph 2
Article 5
Paragraph 1 SubParagraph a
Paragraph 1 SubParagraph b Indent 1
Paragraph 1 SubParagraph b Indent 2
Paragraph 1 SubParagraph c
Paragraph 2
Paragraph 3
Paragraph 4
Paragraph 5
Paragraph 6
Paragraph 7 SubParagraph a
Paragraph 7 SubParagraph b
Date of the judgement
28 May 2008
Appeal history
None
CJEU's case law cited by the court
Summary
The contrast between two principles of international law, concerning respectively the immunity of foreign States from jurisdiction in respect of sovereign activities and the liability of foreign States for international crimes – both of which are automatically applicable in the Italian legal system by virtue of Article 10 of the Constitution – shall be resolved by giving prevalence to the principle of higher ranking. The respect of the inviolable rights of persons has assumed, even in the international legal system, the role of a fundamental principle. Given that the respect of the inviolable rights of persons has assumed, also in the international legal system, the role of a fundamental principle, the Federal Republic of Germany shall have no immunity from jurisdiction for the fact that the German State has deported and obliged to forced labour certain Italian citizens during World War II. Italian courts do not have jurisdiction over a claim for damages for forced labour brought by Italian citizens against a German company, neither pursuant to Article 2 nor pursuant to Article 5 of Regulation (EC) No 44/2001.

This website is written and maintained by the University of Aberdeen's Research Applications and Data Management Team