Headquarters of the Allied Force in Southern Europe v. Ferrero Sanità

The case originates from an employment dispute brought before the Tribunal of Verona by an Italian citizen employed at the Allied Headquarters in Southern Europe (HAFSE). In particular, the applicant claimed that the remuneration received was not in line with the standards set out in Article 8 of the 1961 Agreement concerning the installation of the Allied Force Headquarters in Italy.

The Tribunal heared the claim, finding that Italian courts have jurisdiction on labour disputes between the HAFSE and the locally recruited employees. In this regard, it is necessary to note that the 1952 Protocol on the Status of International Military Headquarters set up pursuant to the North Atlantic Treaty. In particular, the agreements would distinguish two different categories of NATO’s personnel. The first category would include those employees subject to “an international legal status” and exempted from the legislations and jurisdiction of host States. The second category, instead, would consist of the locally recruited personnel, employed in the NATO’s headquarters under private law contracts. As ascertained by the Tribunal, the applicant fell into the second category of employees.

The HASFE filed an appeal against the latter judgment. The Court of Appeal confirmed the conclusion of the Tribunal, affirming the jurisdiction of Italian courts over the instant dispute. In addition, the Court of Appeal underlined the relationship between HASFE and the applicant had a private law nature and the terms of the applicant’s employment are regulated by national labour regulations. Indeed, the 1961 agreement clearly reserves the exemption from national law and jurisdiction solely to personnel with international status.