Mininni v Bari Institute

• Date: 20 Giugno 1981
• Court: Regional Tribunal (Italy)

Italy, Tribunal of Bari (Labour Chamber).

Mininni

and

Bari Institute of the International Centre for Advanced Mediterranean Agronomic Studies

International organizations Immunity Attachment and execution Distinction between immunity from execution and immunity from jurisdiction Assets of Institute attached to satisfy judgment Whether Institute entitled to immunity from attachment Immunity of Institute similar to immunity of foreign States Assets intended for use in discharge of public functions immune from attachment

Paris Agreement establishing the International Centre for Advanced Mediterranean Agronomic Studies, 1962 Additional Protocol Reservation by Italy Criteria for determining which assets immune from execution The law of Italy

Summary: The facts:The Employment Tribunal (Magistrato del lavoro) of Bari issued two injunctions against the Bari Institute of the International Centre for Advanced Mediterranean Agronomic Studies ordering it to pay to Mininni, an Italian employee of the Institute, various sums due and arrears and ordering the attachment of cash, securities and deposits belonging to the Institute. The Institute objected to the injunctions and requested the Examining Magistrate (Pretore) to declare them null and void on the ground that the Centre and consequently the Institute enjoyed immunity from execution. The Pretore held, in a judgment of 29 November 1980, that the Institute was entitled to immunity from execution on the basis of the provisions of the Paris Agreement establishing the Centre of 21 May 1962. Mininni appealed to the Tribunal of Bari.

Held:The appeal was dismissed.

(1) According to general concepts of jurisprudence a distinction was to be drawn between the exercise of jurisdiction and execution. The same distinction was to be found in the Additional Protocol to the Paris Agreement, 1962, and in the Italian reservation thereto, which both made separate provision for immunity from jurisdiction and immunity from execution. It followed that it was irrelevant, for the purpose of determining the scope of immunity from execution, whether or not the Centre was entitled to immunity from jurisdiction.

(2) The effect of the Italian reservation was that the Centre was entitled to immunity from execution within the limits in which such immunity was granted to foreign States under the general principles of international law. Foreign States could not claim absolute immunity from execution. Their assets were immune from execution, however, to the extent that they were destined for public administrative functions or services and therefore for the discharge of their public international tasks.

(3) Those assets of the Centre which were destined for the performance of its institutional aims set out in...