Regione Stereá Ellada v. Presidency of the Council of Ministers and Federal Republic of Germany

Abstract

State immunity — Enforcement of foreign judgments — Creation of judicial mortgage (ipoteca giudiziale) in enforcement proceedings — Mandatory stay of proceedings — Judgment of International Court of Justice of 3 February 2012 — Law No 5 of 14 January 2013 — Constitutional Court’s judgment no 238 of 22 October 2014 — Whether German-owned State property immune from execution — Villa Vigoni — Whether Germany waiving right to enjoy immunity from execution in respect of Villa Vigoni — Relevance of use made of Villa Vigoni by Germany — Evidence concerning use made of Villa Vigoni by Germany — Whether Supreme Court of Cassation able to make decision on point of fact concerning use made of Villa Vigoni by Germany — Whether Court of Appeal’s decision to be quashed — Whether Court of Appeal’s decision inconsistent with reasoning of appealed judgment — Possibility of enforcement proceedings against property other than Villa Vigoni not used for public purposes — The law of Italy