Serni v Braun

• Jurisdiction: Italia
• Date: 04 Maggio 1976
• Court: Examining Magistrate (Italy)

Italy, Pretore1 of Leghorn.

Serni

and

Braun

Consular relations Immunity Attachment and execution Honorary consul Consulate situated in private residence of honorary consul Whether immune from search, requisition or distraint Vienna Convention on Consular Relations, 1963, Article 59 Comparison with corresponding provisions relating to diplomatic and consular missions The law of Italy

Summary: The facts:The Pretore of Leghorn authorized the court bailiff to levy execution on movable property at the residence of the debtor, a German national with the status of Honorary Consul of the Federal Republic of Germany. As police officers refused to assist the bailiff on the ground that the movables were on the premises of the German Consulate, the Pretore was asked to ascertain whether the levying of execution was in conformity with the relevant rules of international law.

Held:The order for execution was upheld.

Article 59 of the Vienna Convention on Consular Immunities, concerning honorary consular officers, expressly provided for the receiving States positive obligation to take such steps as might be necessary to protect the consular premises against any intrusion or damage. It did not impose the negative obligation to refrain from carrying...