Saturday, May 7, 2022

Germany Drops Requests for Preliminary Measures Against Italy in Response to New Italian Law

The public hearings on the request for the indication of provisional measures submitted by Germany in the case concerning Questions of Jurisdictional Immunities of the State and Measures of Constraint against State-Owned Property (Germany v. Italy), which had been due to take place on Monday 9 and Tuesday 10 May 2022, have been cancelled.

The International Court of Justice took this decision after receiving in the Registry a letter from the Agent of Germany informing the Court that, following recent judicial developments in Italy and discussions between the representatives of the two Parties, “Germany withdraws its Request for the indication of provisional measures."

In his letter, the Agent refers, inter alia, to the adoption of Decree No. 36 of 30 April 2022, published in the Italian Gazette on the same day and which entered into force on 1 May 2022.Germany understands from the Decree that “Italian law requires Italian courts to lift measures of enforcement previously taken, and that no further measures of constraint will be taken by Italian courts against German property used for government non-commercial purposes located on Italian territory."

It is also stated in the letter that “Germany agrees with Italy that the Decree . . . addresses the central concern” expressed in the request for the indication of provisional measures submitted by it.

Adaoted from a UN Press Release

(mew)

https://lawprofessors.typepad.com/international_law/2022/05/germany-drops-preliminary-measures.html

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