Pistelli v. European University Institute

The case originated from an employment dispute instituted before Italian courts by a former employee of the European University Institute (EUI) against the latter organization.

As already noted by the Supreme Court in the case of European University Institute v. Piette, the legal regime of EUI’s privileges and immunities rests on the Convention establishing the European University Institute, ratified by Italy and implemented under law n. 920 of 23 December 1972, the Protocol on Privileges and Immunities of the European University Institute and the Headquarters Agreement between Italy. Such treaty provisions confer on EUI immunity from enforcement and attribute on EUI officials and agents immunity from legal process. In other terms, no express treaty provision grants to EUI jurisdictional immunity.

In the instant case, the Supreme Court confirmed that jurisdictional immunity of international organizations rests on treaty law, given the absence of an international customary rule providing international organization with immunities.

However, contrary to the precedent of EUI v. Piette, the Court interpreted the relevant treaty provisions as implicitly granting jurisdictional immunity to EUI.

The Court also underlined that EUI’s immunity from employment related claims does not infringe the right to remedy, given the existence of alternative means of internal dispute settlement.