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Supreme Court rules on defence of lack of jurisdiction due to state immunity

Facts The Al-Salam Boccaccio 98 was a ro-ro passenger ferry that sank in February 2006 in the Red Sea while en route from Saudi Arabia to Egypt, resulting in the death of 1,031 people and the total loss of the vessel (for further details please see Immunity of jurisdiction defence rejected in compensation claim ). At the time of the accident, the vessel was registered under the flag of Panama and classed by the Italian company Rina, which had also issued the relevant statutory certificates on behalf of the flag state, acting as their recognised organisation. Survivors and relatives of the deceased persons involved in the accident had brought different proceedings before the Genoa Tribunal, the place in which Rina has its seat, claiming damages resulting from the classification and certification activity carried out by Rina on behalf of Panama, the flag state of the Al-Salam Boccaccio 98. Both the tribunal and the Genoa Court of Appeal had granted the lack of jurisdiction of the I

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