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Français

Elettronica Sicula S.p.A. (ELSI) (United States of America v. Italy)

Overview of the case

On 6 February 1987, the United States instituted proceedings against Italy in respect of a dispute arising out of the requisition by the Government of Italy of the plant and related assets of Raytheon-Elsi S.p.A., an Italian company producing electronic components and previously known as Elettronica Sicula S.p.A. (ELSI), which was stated to have been 100 per cent owned by two United States corporations. The Court, by an Order dated 2 March 1987, formed a Chamber of five judges to deal with the case, as requested by the Parties. Italy, in its Counter-Memorial, raised an objection to the admissibility of the Application on the grounds of a failure to exhaust local remedies, and the Parties agreed that that objection should “be heard and determined within the framework of the merits”. On 20 July 1989, the Chamber delivered a Judgment in which it rejected the objection raised by Italy and said that the latter had not committed any of the breaches alleged by the United States of the bilateral Treaty of Friendship, Commerce and Navigation of 1948, or of the Agreement Supplementing that Treaty. The United States principally reproached the Respondent (a) with having effected an unlawful requisition of the ELSI plant, thus depriving the shareholders of their direct right to proceed to the liquidation of the company’s assets under normal conditions ; (b) with having been incapable of preventing the occupation of the plant by the employees ; (c) with having failed to reach any decision as to the legality of the requisition during a period of sixteen months ; and (d) with having intervened in the bankruptcy proceedings, with the result that it had purchased ELSI at a price well below its true market value. After a detailed consideration of the facts alleged and the relevant conventional provisions, the Chamber found that the Respondent had not breached the 1948 Treaty and the Agreement supplementing that Treaty in the manner claimed by the Applicant, and rejected the claim for reparation made by the United States.


This overview is provided for information only and in no way involves the responsibility of the Court.

Institution of proceedings

Written proceedings

Counter-Memorial of Italy

16 November 1987
Available in:
English

Rejoinder of Italy

18 July 1988
Available in:
English

Oral proceedings

Verbatim record 1987

Oral arguments - Minutes of the Public sittings held at the Peace Palace, The Hague, on 27 November 1987, President of the Chamber, President Nagendra Singh, presiding, and from 13 February to 20 July 1989, President of the Chamber, President Ruda, presiding
Available in:
Original Language

Other documents

Orders

Order of 2 March 1987

Constitution of Chamber, fixing of time-limits: Memorial and Counter-Memorial
Available in:
English French Bilingual

Order of 17 November 1987

Fixing of time-limits: Reply and Rejoinder
Available in:
English French Bilingual

Judgments

Summaries of Judgments and Orders

Summary 1989/1

Summary of the Judgment of 20 July 1989
Available in:
English French

Press releases

Press release 1987/2

9 February 1987
The United States brings a case against Italy
Available in:
English French

Press release 1987/5

5 March 1987
The Court forms a Chamber to deal with the case brought by the United States against Italy - Time-limits are fixed for the filing of pleadings
Available in:
English French

Press release 1987/13

27 May 1987
Elettronica Sicula S.p.A. (ELSI) (United States of America v. Italy) - Filing of Memorial
Available in:
English French

Press release 1987/26

4 November 1987
Elettronica Sicula S.p.A. (ELSI) (United States of America v. Italy) - Chamber to hold inaugural public sitting
Available in:
English French

Press release 1987/30

18 November 1987
Elettronica Sicula S.p.A. (ELSI) (United States of America v. Italy) - Inaugural public sitting of the Chamber
Available in:
English French

Press release 1988/5

18 March 1988
Elettronica Sicula S.p.A. (ELSI) (United States of America v. Italy) - Filing of Reply
Available in:
English French

Press release 1988/16

19 July 1988
Elettronica Sicula S.p.A. (ELSI) (United States of America v. Italy) - Filing of Rejoinder
Available in:
English French

Press release 1989/1

12 January 1989
Elettronica Sicula S.p.A. (ELSI) (United States of America v. Italy) - Hearing to open on Monday 13 February 1989
Available in:
English French

Press release 1989/3

2 March 1989
Elettronica Sicula S.p.A. (ELSI) (United States of America v. Italy) - Progress and conclusion of public hearings
Available in:
English French

Press release 1989/11

5 July 1989
Elettronica Sicula S.p.A. (ELSI) (United States of America v. Italy) - Judgment to be delivered on Thursday, 20 July 1989 at 10 a.m.
Available in:
English French

Press release 1989/13

20 July 1989
Elettronica Sicula S.p.A. (ELSI) (United States of America v. Italy) - Judgment of the Chamber
Available in:
English French

Correspondence

Correspondence

6 February 1987
Correspondence
Available in:
English French