Ciniglio v Indonesian Embassy

• Jurisdiction: Italia
• Judgment Date: 16 Dicembre 1966
• Court: Examining Magistrate (Italy)
• Date: 16 Dicembre 1966

Italy, Examining Magistrate (Pretore) of Rome.

Ciniglio

and

Indonesian Embassy and Compagnia di Assicurazioni Intercontinentali

Sovereign immunity Foreign States and their agencies Embassy of foreign State Claim arising from road accident Whether foreign State entitled to jurisdictional immunity Acts iure imperii and iure gestionis Whether embassy or ambassador of foreign State have independent legal capacity to be sued in municipal courts The law of Italy

Summary: The facts:Ciniglio, an Italian national, sued the Indonesian Embassy in Rome and an insurance company, the Compagnia di Assicurazioni Intercontinentali, claiming compensation for the damage caused to his car by a car belonging to the Embassy. Whilst the Indonesian Embassy defaulted, the Insurance Company objected that Italian courts lacked jurisdiction over the matter as the issue involved a foreign embassy.

Held:Indonesia was not entitled to jurisdictional immunity but the claim was dismissed because it had been brought against the Indonesian Embassy rather than the Indonesian State.

(1) Where a foreign State engaged in activities of a purely private nature on an equal footing with private citizens and quite independently of its sovereign power, it was subject to the Italian legal system and not entitled to jurisdictional immunity.

(2) In matters regarding road traffic and civil responsibility for related matters...