Vecchi quesiti e nuove conferme: l'ambito di applicazione del reg. 44/2001 e i confini dell'immunità sovrana secondo la Corte di Giustizia nel caso Rina

Translated title of the contribution: [Autom. eng. transl.] Old questions and new confirmations: the scope of application of reg. 44/2001 and the boundaries of sovereign immunity according to the Court of Justice in the Rina case

Mariangela La Manna*

*Corresponding author

Research output: Contribution to journalArticlepeer-review

Abstract

The judgment recently adopted by the Court of Justice of the European Union in the RINA case, however antici- pated, is not particularly surprising. Not only the solution figured out by the Court of Justice is perfectly coherent with the suggestion formulated by the Advocate General, but it is also thoroughly aligned with the previous case-law of the CJEU on the interpretation of the notion of civil and commercial matters under Brussels I Regulation, as well as with its previous assessment of the material scope of the jurisdictional immunities of the State. Hence, the conclusion reached under the RINA judgment, pointing out that the contended issue fits in the notion of civil and commercial matters and the recognized organizations providing class certificates and statu- tory certificates are not entitled to invoke sovereign immunity with reference to conduct not amounting to an exercise of public powers, is to be appreciated for its clarity and inner coherence.
Translated title of the contribution[Autom. eng. transl.] Old questions and new confirmations: the scope of application of reg. 44/2001 and the boundaries of sovereign immunity according to the Court of Justice in the Rina case
Original languageItalian
Pages (from-to)1482-1499
Number of pages18
JournalRESPONSABILITÀ CIVILE E PREVIDENZA
Publication statusPublished - 2020

Keywords

  • certificazione e classificazione navale
  • immunità sovrana
  • materia civile e commerciale

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