Immunity vis-à-vis the ECJ. The Potential Effects of a European ‘Counter-Limit’ Approach

Immunità alla prova della CGUE. I possibili effetti di un approccio europeo dei ‘controlimiti’

Abstract

The extension of State immunity to private actors, to whom are delegated functions typically undertaken by sovereign States, is posing some challenges to the international legal order. The Judgement C-641/18 of the ECJ has intervened on the matter setting important criteria and boundaries to such extension of immunity. However, the importance of this judgement extends beyond the boundaries of immunity as the Court intervened in the, hitherto uncertain, relation between customary international law and the fundamental rights enshrined in the European Charter of Fundamental Rights. This contribution investigates the relevance of the judgement in the configuration of the interaction between these two different sources of law.