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tate Immunity and the Rome II (Brussels Convention). The Brussels Convention does not deal with “international matters” whereas the last attempts to bring cases before ECJ relied on international violation of ius cogens norms. As it is seen from Ferrini case that the impossibility to establish jurisdiction under Brussels Convention does not deprive individuals to bring the case before national forum court with the only reference to the European Convention on State Immunity.

Due to this Ferrini case, it could be supposed that this court judgment made next big step in restriction of state immunity by providing the human rights exception if Germany did not initiate proceeding against Italy before the International Court of Justice (ICJ) in 2008. The numerous judgments of Italian courts against Germany forced Germany to bring the case before International Court of Justice on the issue of breaching state equality principle.

Italy for its part respects the decision of Germany to bring the case before ICJ. In the view of Italy, the ruling of ICJ would help to clarify this complicated question of state immunity. [31] While the pleadings are still going on, the positions between scholars are divided into two camps: supporting Germany’s position and supporting Italy’s position.
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