Hostname: page-component-78c5997874-8bhkd Total loading time: 0 Render date: 2024-11-10T11:59:12.064Z Has data issue: false hasContentIssue false

The Ditta Pomante v. Federal Republic of Germany

Italy.  07 December 1960 .

Published online by Cambridge University Press:  01 January 2021

Get access

Abstract

International law in general — Relation to municipal law — Treaties — Treaty of Peace with Italy, 1947 (Article 77 (4)) — Waiver of claims of Italian nationals against Germany — Relation to Italian law on war damage — Materials supplied on contract to German occupying forces — Whether Italian national may claim in Italian courts against Federal Republic of Germany — The law of Italy.

Treaties — Interpretation of — Principles and rules of — Literal and teleological (functional) principles — Application to Treaty of Peace with Italy, 1947, Article 77 (4) — Interpretation in the light of objects of Allied Powers — The law of Italy.

War — In general — Effects of treaties of peace — Occupation of enemy territory — Claim for payment for materials supplied to occupying forces — German occupation of Italy — Effect of Article 77 (4) of Treaty of Peace with Italy on claim for payment — Nature and purpose of Article 77 (4).

War — On land — Occupation of enemy territory — Requisitions and contributions — German occupation of Italy — Materials supplied to German forces under compulsion — Nature and purpose of contract — Hague Convention, 1907 (Article 52).

War — On land — Occupation of enemy territory — Inhabitants — Services — German occupation of Italy — Materials supplied to German forces under compulsion — Hague Convention, 1907 (Article 52).

Jurisdiction — Territorial — Exemptions from — Foreign States — Function of distinction between acts jure imperii and acts jure gestionis — Acts of military Occupant — German occupation of Italy — Materials supplied under contract to German military forces — Claim against Federal Republic of Germany in Italian court for payment — Whether exempt from jurisdiction — The law of Italy.

Type
Case Report
Copyright
© Cambridge University Press 1970

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)