393 State immunity — Enforcement — Compensation for war crimes and crimes against humanity — Attachment of German State-owned property located in Rome — Whether Germany immune from measures of attachment against relevant property — Creation of a fund under Italian law to satisfy debts incurred by Germany under Italian court decisions — Whether legislation creating fund constitutional — Whether right of access to justice extending to enforcement proceedings — Whether rules of customary international law on State immunity depriving courts of jurisdiction — Whether immunity depending on function of attached property — Constitutional principle requiring respect for international treaty obligations — Whether creating fund striking reasonable balance between access to justice and respect for international obligations — Whether enforcement against fund adequately protecting rights limited by extinguishing enforcement proceedings — Full satisfaction of creditors’ rights by means of fund mechanism — Amended legislation precluding enforcement of foreign court decisions against German property — No violation of constitutional principle of equality — Questions raised by remitting judge unfounded War and armed conflict — War crimes — Crimes against humanity — Occupation — Proceedings in formerly occupied State against former occupying State — Whether barred by State immunity — Enforcement of judgments — The law of Italy
A Thu, study studied this question.