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Daniele Amoroso
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Germany v Prefecture of Vojotia, representing 118 persons from Distomo village and Presidency of the Council of Ministers of Italy, Final appeal judgment (opposition to enforceability of a foreign ruling in Italy), No 11163/2011, ILDC 1815 (IT 2011), 20th May 2011, Italy; Supreme Court of Cassation; 1st Civil Section

Date:
20 May 2011
Citation(s):
No 11163/2011 (Official Case No)
ILDC 1815 (IT 2011) (OUP reference)
Content type:
Domestic court decisions
Product:
Oxford Reports on International Law [ORIL]

Module:
International Law in Domestic Courts [ILDC]
Jurisdiction:
Italy [it]; Supreme Court of Cassation; 1st Civil Section
'This translation has been prepared by the Italian Ministry of Foreign Affairs, with minor amendments made by the Italian reporters. The Italian team of ILDC reporters gratefully acknowledges the Ministry's permission to use this translation for the purposes of ORIL'

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 17 April 2021

Whether Italian courts should have stayed proceedings against Germany pending the definition of the controversy between Italy and Germany before the International Court of Justice.

Whether state immunity did not apply to grave human rights violations in international armed conflicts committed on the territory of the forum state (the territorial tort exception) and thus allowed enforcement in Italy of a Greek judgment asserting civil jurisdiction over those violations.

Whether—regardless of the tort exception—the distinction between iure imperii and iure gestionis acts was relevant with reference to grave human rights violations.

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