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However, if a state acts like private entity its immunity could be restricted against private person (jure gestionis). Italian jurisprudence couldn’t make the exact dinstiction between them.2) No need for diplomatic negotiationsPursuant to UN Charter’s Article 33, it is not command that state should solve disputes before by using the procedures that listed there before coming to the court. Thus diplomatic negotiations should not be directly applied.3) No Jurisdiction of European CommunitiesFederal Republic of Germany (Germany herein after) has already sacrificed of its jurisdiction by treaties such as The Peace Treaty of 1947, The 1961 Agreements and so forth. The articles of treaties should be applied by looking every concrete case. However, Germany found a foundation named “Remembrance, Responsibility and Future” and set its own circumstances pay compensation and make fund for it.      II.



As a result, Corte di Cassazione accepted that Italian jurisprudence had jurisdiction on Germany. Nevertheless lots of similar accusations against Germany are presently impending before Italian courts.3)The Milde CaseMr. Max Josef Milde’s case has different characteristics when compares with others. He was charged for participating in a massacre committed on 29 June 1944. He was a member of  “Herman Göring” division of the German armed forces which killed  civilians and take hostages. Tribunale Mili- tare di La Spezia condemned Milde imprisonment. Germany filed an appeal against the decision in Corte Militare di Appall di Roma but it dismissed.

Corte di Cassazione stated the jurisdictional immunity of States should be abolished.4)The Diatom Case

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