Porru v. FAO

Mr Porru was employed by the Food and Agriculture Organization (FAO) on a short-term contract. By relying on the internal procedure established under FAO internal rules, Mr Porru complained that the FAO refused to grant to him a permanent employment preventing him from enjoying the medical coverage and UN Joint Staff Pension Fund benefits. However, the complain was rejected by the Director General of the FAO.

Mr Porru brought his complaints against the FAO before the Tribunal of Rome, where the respondent organization has its headquarters. The respondent organization objected the Tribunal jurisdiction, invoking its immunity from legal process before Italian courts. Specifically, it relied on the Headquarters Agreement concluded between FAO and Italy on 31 July 1950.

The Tribunal observed that international organizations are international subjects. And, the jurisdictional immunities of international legal subjects serve to protect their sovereignty from external interferences.

As regards the respondent organization, the Tribunal found that the Agreement provides that FAO shall enjoy immunity from all forms of legal process unless it expressly waived its immunity. However, as the underlined by the Tribunal, such provision does not confer on the respondent organization an absolute immunity. Indeed, the Tribunal interpreted the Agreement provisions in the light of the customary rules on State immunity, and, as a consequence, it applied the distinction between acta jure gestionis and acta jure imperii in determining the scope of FAO’ immunity. Following the Tribunal’s reasoning, the immunity of FAO is limited to the activities performed in the exercise of the organization sovereign powers.