Il caso LG e altri c. Rina s.p.a. e Ente Registro Italiano Navale e la rilevazione del diritto consuetudinario: quale equilibrio tra competenze della Corte di giustizia e del giudice nazionale?

Abstract

The article analyses the judgment of the Court of Justice in the case LG and others v. Rina s.p.a. and Ente Registro Italiano Navale, concerning the question of whether private-law corporations, engaged in the classification and certification of ships, can enjoy foreign States immunity from jurisdiction. The author, after recalling the content of the judgement, suggests reading some of its critical elements in the light of the tension between, on the one hand, the Court of Justice tendency to polarize the identification of customary international law and, on the other hand, the need to recognise the competence of the national judge in determining the scope of his own jurisdiction. Then, focuses on the methodology used by the Advocate General to identify the content of the customary rule on State immunity, pointing out its problematic features.