Ambito di applicazione materiale del Regolamento 44/2001 e immunità degli stati alla luce della sentenza della Corte di Giustizia relativa al caso Rina

Abstract

This paper deals with the recent judgment of the ECJ in the Rina case, concerning the liability of classification and certification bodies of a flag ship, for the damages caused by the sink of that ship, and the question whatever these kind of disputes concerns «civil and commercial matters» and fall within the scope of Regulation 44/2001. The ECJ’s decision also addresses the question whether the defendant companies benefit from State immunity from jurisdiction, recognized by customary international law to the State by delegation of which they carried out the aforementioned operations. The paper tackles, in particular, the relationship between material scope of Brussels I Regulation and State immunity, as well as the impact of immunity on European Union law. Finally, the paper focuses on thebalance between right to effective judicial protection and State immunity, which risk entering into conflict in the present case.