Parravicini v Commercial Bureau of Bulgaria

• Jurisdiction: Italia
• Date: 22 Settembre 1969
• Court: Regional Tribunal (Italy)

Italy, Tribunal of Milan.

Parravicini

and

Commercial Bureau of The People's Republic of Bulgaria

Sovereign immunity Foreign States and agencies Employee in commercial bureau of foreign State Contract of employment Action for damages Whether foreign State entitled to jurisdictional immunity Acts iure imperii and iure gestionis The law of Italy

Summary: The facts:The plaintiff instituted proceedings against the Commercial Bureau of Bulgaria in Milan claiming payment of a sum of money for failure to respect the Italian labour law during her employment at the bureau from 1966 to 1967. The Tribunal of Milan considered, as a preliminary issue, whether Bulgaria was entitled to jurisdictional immunity.

Held:The defendant was not entitled to jurisdictional immunity.

The employment relationship at issue was of a private nature. The defendant had never been given an official position and had performed purely ancillary duties in the internal administration of the Bureau which were in no way related to its institutional functions.

The following is the relevant part of the judgment of the Court:

For both logical and legal reasons the question of whether a foreign State enjoys immunity from Italian jurisdiction takes precedence over the question of whether the Court has jurisdiction on one of the grounds provided for in Articles 2 and 5 of the Code of Civil Procedure. In the case at issue this Court feels obliged to deny the right to immunity. It is now generally recognized, both in case-law and in legal writings, that in matters of State activities a distinction should be drawn between acts iure imperii and iure...