News
The recognition in Italy of foreign judgments
- 27/12/2021
The Court of Cassation with ordinance no. 39391 on 10th December 2021 established, relying on a law of private international law which provides for the recognition of foreign sentences, established that the American sentence of 11 September 2001 for damages to the relatives of the victims, issued by the Federal District Court of New York on 22 October 2012, against the Islamic Republic of Iran; it must also be recognized in Italy.
The Court specifies that, with regard to the international principle "of the immunity of a state from the jurisdiction of another state", the United States has adopted a restrictive interpretation, to which the Italian legal system also adheres. Based on this interpretation, immunity is not contemplated in the case of criminal compensation claims.
The Court also specifies that immunity is not a right, but a prerogative recognized by international customary norms, the operation of which is however precluded when crimes are committed "in violation of binding international norms and harmful to universal values that transcend the interests of individual communities state.
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