This contribution examines judgment n. 18801/2022 of the Italian Court of Cassation. The judgment offers some much-needed clarification on the interplay between the international law of State immunity in employment disputes and rules of EU private international law allocating jurisdiction in the same disputes. The Court aligned itself with the relevant case-law of the European Court of Justice. However, its reasoning lends itself to some critical remarks with respect to the consistency of its reasoning and to the general coherence to its case-law in this domain.
State Immunity in Employment Disputes and Choice of Court Clauses in Employment Contracts: A Turning Point in Italian Case Law?
Andrea Insolia
2023-01-01
Abstract
This contribution examines judgment n. 18801/2022 of the Italian Court of Cassation. The judgment offers some much-needed clarification on the interplay between the international law of State immunity in employment disputes and rules of EU private international law allocating jurisdiction in the same disputes. The Court aligned itself with the relevant case-law of the European Court of Justice. However, its reasoning lends itself to some critical remarks with respect to the consistency of its reasoning and to the general coherence to its case-law in this domain.File in questo prodotto:
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