German concerns after Sentenza 238/2014: Possible reactions – possible solutions
Jurisdictional Immunities, or: A Formally Strong German Position On the international plane, Germany has as strong a position as one could wish for. In its 2012 Jurisdictional Immunities judgment, the ICJ in unambiguous terms found Italy responsible for a threefold violation of the customary principles of state immunity: by allowing civil claims against Germany in the first place; by taking measures of constraint against Villa Vigoni which serves a non-commercial government purpose; and by declaring enforceable in Italy decisions of Greek courts upholding civil claims against Germany. The Court also expressly obliged Italy to “ensure that the decisions of its ... continue reading
