In his complaint, the
Germany
recalls that on 3 February 2012 the Court of Justice delivered its judgment on the issue of judicial immunity in the case of State immunity. According to Berlin “
despite the pronunciation
this sentence, d
Italian national dishes
from 2012,
They accepted a significant number of new claims against Germany
in violation of Germany’s sovereign immunity”.
Germany refers in particular to the
Sentence No. 238/2014 of October 22, 2014 of the Constitutional Court
Italian, with which the latter “recognises” the obligation of the Italian judge to comply with the judgment of the ICJ of February 3, 2012, but nevertheless subjects this obligation to the “fundamental principle of judicial protection of fundamental rights” Italian constitutional law, enabling victims of war crimes and crimes against humanity to lodge individual complaints against sovereign states”.
Germany argues that the
judgement
n. 238/2014 of the Italian Constitutional Court, “adopted in knowing violation of international law and Italy’s obligation to comply with a judgment of the supreme judicial body of the United Nations,
it had far-reaching consequences.”
He adds that after the verdict was pronounced, “at least 25 new cases against Germany were brought before the Italian courts” and that “in at least 15 cases, the national courts of Italy examined and pursued claims for damages against Germany in relation to the conduct of the
Rich
German in the Second World War”.