LG v Rina and Another — Opinion of Advocate General Szpunar — CJEU Case 641/18

LG v Rina and Another — Opinion of Advocate General Szpunar — CJEU Case 641/18 — 14 January 2020

“Following the sinking of the Al Salam Boccacio '98, victims claimed damages in Italy against the classification/ certifying bodies, RINA, who pleaded state immunity on the basis that they were operating on behalf of the Republic of Panama (the vessel's flag state). The Italian Courts sought guidance from the Court of Justice of the EU. In rejecting Rina's argument, the CJEU found that neither the fact that the acts were performed on behalf of/in the interests of a state, nor the possibility of the state's incurring liability, in themselves, bring such acts outside the scope of the ordinary legal rules applicable to relationships between private individuals. Civil actions such as this fall within the meaning of "civil and commercial matters" of Brussels I Regulation, and the Italian Courts could, therefore, hear the case.”

Angeliki Georgouli
E. G. Arghyrakis & Co.
26th February 2020