Sassetti v Multinational Force and Observers

• Jurisdiction: Italia
• Date: 14 Marzo 1994
• Court: Examining Magistrate (Italy)

Italy, Examining Magistrate (Pretore).

(Vetritto, Pretore)

Sassetti

and

Multinational Force and Observers

International organizations Immunity Jurisdictional immunity National of receiving State employed by international organization Contract of employment Termination Claim for unlawful dismissal and reinstatement Whether international organization entitled to jurisdictional immunity Whether examination of legality of dismissal of employee would involve interference with public functions of international organization Multinational Force and Observers (MFO) established under Egypt Israel Peace Treaty, 1979 Legal status of MFO Whether entitled to jurisdictional immunity MFO Italy Headquarters Agreement, 1982 Article 8 Provision for immunity from jurisdiction of receiving State in absence of waiver Whether express waiver required Relevance of provision for settlement of employment disputes by arbitration The law of Italy

Summary: The facts: Ms Sassetti was employed at the headquarters in Rome of the Multinational Force and Observers (MFO), an international body established under the Egypt Israel Peace Treaty, 1979. Following her dismissal in 1992, she brought proceedings against the MFO before the Examining Magistrate (Pretore) of Rome for unlawful dismissal, claiming reinstatement and damages. The MFO claimed immunity from the jurisdiction of the Italian courts.

Held: The defendant was entitled to jurisdictional immunity.

(1) The MFO was an international organization established under the Egypt-Israel Peace Treaty, 1979 and was to be recognized as a sovereign body in the same way as a State. Where, as here, there was an agreement, between the organization and the State where its headquarters were established, that agreement primarily determined the privileges and immunities to which the organization was entitled in that State. The rules of customary international law played only a subsidiary role.

(2) Pursuant to Article 8 of the MFO Italy Headquarters Agreement, 1982, the MFO was entitled to immunity from the jurisdiction of the Italian courts, except where the MFO expressly waived such immunity. A letter of engagement referring to Italian employment regulations could not be taken to imply such waiver in the absence of an express statement to that effect. On the contrary, the MFO Administrative Manual contained a specific provision for arbitration to resolve employment disputes so that it could not be argued that the letter of engagement contemplated...