ROME, 21.11.24 – The Italian Supreme Court of Cassation will meet in United Sections on 18 February 2025 to establish whether or not it is possible for Italy to file a climate lawsuit to ascertain the responsibility of polluting companies for their contribution to global warming resulting to increasing extreme weather events, such as floods and droughts.
In May 2023, 12 Italian citizens, Greenpeace Italy and ReCommon filed the Just Cause, a civil lawsuit against ENI, the Ministry of Economy and Finance (MEF) and Cassa Depositi e Prestiti S.p.A. (CDP) – the latter two as shareholders exercising a dominant influence over the company. The lawsuit was filed on the basis of the material and immaterial damages suffered and to be suffered in the future, as a result of climate change, to which the Italian oil and gas giant has knowingly and significantly contributed to with its business conduct for decades.
ENI, CDP and MEF alleged ‘the absolute lack of jurisdiction of the ordinary court ’, effectively contesting the possibility of proceeding with a climate case before an Italian court. This ground of inadmissibility was contested by the plaintiffs adhering to the Just Cause, who appealed by way of regulation of jurisdiction to the Supreme Court of Italy requesting a final ruling on the matter. The Court’s decision will have an impact on any present and future climate lawsuits filed in Italy and will determine whether the right to be protected from climate change, already recognised by the European Court of Human Rights, will be safeguarded in Italy.
