Deutsche Bahn AG v. Regione Stereá Ellada

Abstract

State immunity — Enforcement proceedings — Attachment of credits owed by third parties — Power of attorney — Formal requirements of powers of attorney made abroad — Translation of powers of attorney — Admissibility of appeal to Supreme Court of Cassation — Vagueness of application for appeal — Whether appellant’s arguments having to be raised before different court — Legal basis for enforcement proceedings — Whether judge presiding over enforcement proceedings having to verify existence of legal basis — Whether verification extending to questions as to scope of legal basis — Whether legal basis crystallizing at the time when judgment of which enforcement was sought becoming final — Whether subsequent changes immaterial in enforcement proceedings and having to be raised by challenging judgment on the merits — Whether questions as to jurisdiction of Italian courts irrelevant in enforcement proceedings — Whether judgment of International Court of Justice of 3 February 2012 directly binding on Italian courts

Relationship of international law and municipal law — Decisions of international courts — International Court of Justice’s (“ICJ”) judgment of 3 February 2012 — Whether directly binding on Italian courts — Italian Parliament’s Law No 5 of 14 January 2013 giving effect to ICJ’s judgment — Declaration of unconstitutionality of Law No 5 of 14 January 2013 — Whether necessary to follow law as ascertained by Constitutional Court — The law of Italy