Sunday, September 1, 1985
Volume:
1
Issue:
1
Abstract:
On Feb. 6, 1985, the Swiss Federal Supreme Court unanimously confirmed that the Republic of Italy enjoys immunity against a civil complaint where Italian authorities had made a judicial assistance request and thus acted in an official capacity (jus generis). This case is interesting because it denies a Swiss citizen any civil remedies against a foreign state for the return of a piece of property which the foreign state received as a result of criminal assistance proceedings through the proper authorities in Switzerland and Italy.