Headquarters of the Allied Force in Southern Europe (HAFSE) v. Galante

The case originated from an employment dispute instituted before Italian judicial authorities against the Headquarters of the Allied Force in Southern Europe (HAFSE) by Mr Galante. The applicant complained about not being hired as a consultant at HAFSE, claiming the renewal of the recruitment procedure. The respondent invoked its jurisdictional immunity and, pending the completion of the merit procedure, applied to the Supreme Court, requiring the Court to declare the lack of jurisdiction of Italian courts. Before the Supreme Court, Mr Galante argued that the immunity of the North Atlantic Organization (NATO) and its organs, such as HAFSE, is limited to acta jure imperii. Employment disputes would fall out of the scope of immunity, involving private law relationships (acta jure gestionis).

Upholding HAFSE’s appeal, the Supreme Court declared that the national courts lacked jurisdiction in the case in question.

As it noted, the immunity of HAFSE in Italy is regulated by, the 1961 Agreement concerning the installation of the Allied Force Headquarters in Italy. In particular, Article 8 clearly distinguishes between personnel with an international status and personnel with a local status, reserving the exemption from national law and jurisdiction solely to personnel with international status. Referring to its own case law in similar previous cases, the Court reiterated that this Agreement derogates from the customary rule on the immunity of States and international entities (See HAFSE v. Capocci Belmonte; HAFSE v. Trotta; HAFSE v. Gardi; HAFSE v. Trotta; HAFSE v. Ferrero Sanità).

Since Mr Galante’s claims concerned the failure to establish a legal advisory employment relationship, which qualifies under international law according to Article 8, the dispute falls within the scope of the immunity granted to HAFSE.