Deutsche Bahn AG v. Regione Sterea Ellada

• 成果类型: Article
• 署名作者: Mariottini, Cristina M.
• 刊物名称: AMERICAN JOURNAL OF INTERNATIONAL LAW
• ISSN/ISSBN: 0002-9300
• DOI: 10.1017/ajil.2020.39
• 发表日期: 2020
• 页码: 486-493
• 关键词: jurisdictional immunities; INTERNATIONAL-LAW; decisions; COURT

摘要

With Judgment No. 21995/2019 (the Judgment), the Italian Court of Cassation (Court of Cassation) once again tackled the limits of sovereign immunity with regard to crimes against humanity (para. 7). The Judgment is part of litigation originating in Greece with the Leivadia Tribunal's 1997Distomodecision, confirmed in 2000 by the Areopago (Hellenic Supreme Court), which ordered Germany to pay compensation and legal costs of approximately 50 million euros to the relatives of 218 victims of the Distomo massacre committed by the German military in 1944. In this Judgment, the Court of Cassation addressed whether sovereign immunity blocked the seizure of German assets located in Italy as part of that compensation order. The Court of Cassation's decision is noteworthy because it takes the discussion on sovereign immunity from jurisdiction and crimes against humanity one step further by addressing, in particular, the question of compensation and attachment of claims and rights held by the debtor against third parties.