Germany v. Italy: Withdrawal of request for provisional measures

09-05-2022

Myrthe Niemeijer

International Justice and Human Rights Researcher

Global Human Rights Defence 

On 5 May, the Court received in the Registry a letter from the Agent of Germany, informing the Court that it withdraws its request for the indication of provisional measures. As a result, the public hearings on this request, scheduled to take place on Monday 9 and Tuesday 10 May 2022, have been cancelled. 

Germany withdrew its request for provisional measures subsequent to bilateral discussions between 2-4 May and Italy’s adoption of Decree No. 36 on 30 April 2022. According to the Decree, previously taken measures of enforcement against German property are to be lifted and no further similar measures would be taken. As Italian courts will thus no longer take measures of constraint against German property on Italian territory that is used for governmental purposes, the ‘central concern’ of Germany’s request has been addressed.  

Although the request for the indication of provisional measures is thus withdrawn, the proceedings remain in place for the remainder of Germany’s application. The application was lodged on 29 April, alleging that Italy failed to respect Germany’s jurisdictional immunity as a sovereign State by continuing to allow civil claims against Germany. [1] 

Notes:

[1] The press release on Germany instituting proceedings on 29 April is available here: https://www.icj-cij.org/public/files/case-related/183/183-20220429-PRE-01-00-EN.pdf 

Sources and further reading: 

Questions of jurisdictional immunities of the State and measures of constraint against State-owned property (Germany v. Italy) (Germany withdraws its request for the indication of provisional measures - Cancellation of the hearings due to open on 9 May 2022) ICJ Press release 2022/18 https://www.icj-cij.org/public/files/case-related/183/183-20220506-PRE-01-00-EN.pdf   accessed 9 May 2022