Headquarters of the Allied Force in Southern Europe v. F.i.l.t.a.t. – C.i.s.l.

However, pending that proceeding, the respondent organization filed a legal action to the Supreme Court of Cassation, requesting the Court to declare the lack of jurisdiction of Italian tribunals over the legal action initiated by the F.i.l.t.a.t. – C.i.s.l.. The HAFSE argued that the headquarters set up pursuant to the North Atlantic Treaty, as well as the North Atlantic Treaty Organization (NATO), are international law subjects exempted from the jurisdiction of the States hosting them. As the appellant admitted, the headquarters of the Allied Force might agree specific exceptions to their immunity in the agreements concluded with the States on which territories the headquarters are established. In particular, the relationships between the HAFSE and Italy are governed by the Agreement on the special conditions applicable to the establishment and operation in Italian territory of International Military Headquarters, concluded between Italy and the Supreme Command of the Allied Force in Europe on 26 July 1961. The Agreement provides that the conditions of employment of the civilian personnel having a local status are subordinated to Italy’s legislation and jurisdiction. In this regard, the HAFSE claimed that This exception does not allow Italian courts to rule on the trade union rights of civil servants employed under local statutes.

The Supreme Court upheld the appeal, finding that Italian courts lacked jurisdiction to adjudicate cases brought by trade union local associations representing the NATO’s headquarters employees. The Court noted that the 1961 Agreement – like the 1951 Convention between the Parties of the North Atlantic Treaty regarding the status of their force and the 1952 Protocol on the status of International Military Headquarters set up pursuant to the North Atlantic Treaty – contains no provision referring to the trade union rights of civilian employees.

In other words, there is no specific provision in the Convention allowing domestic courts to rule on trade union relations between trade unions and headquarters.