The Supreme Court of Cassation will hold a hearing tomorrow at 10 a.m. to decide if the national courts in Italy can decide on climate-related matters in their jurisdiction. The outcome of this hearing will be decisive for the admissibility of the 'Giusta Causa' (Just Cause), the climate lawsuit brought by 12 citizens, Greenpeace Italy and ReCommon, and for all climate litigation in Italy. The hearing will be held behind closed doors by the extended panel of the Court ("United Sections"), attesting to the complexity and the importance of the matter at hand. The verdict will likely be made public at a later date.
In May 2023, 12 Italian citizens and the two associations filed a civil lawsuit against ENI, the Ministry of Economy and Finance (MEF) and Cassa Depositi e Prestiti S.p.A. (CDP) for their significant contribution to the climate crisis, the latter two entities in their capacity as shareholders exercising a dominant influence over ENI. The plaintiffs argue that the Italian gas and oil giant has knowingly caused damage, and will continue to cause both financial and non-financial damages as a result of its business activities.
"Courts throughout the European Union – from the Netherlands to Belgium, to France and Germany – recognise jurisdiction over climate cases. It would be a serious step backwards if Italy were to isolate itself from this European legal framework, also contravening what was recently established by the European Court of Human Rights. We trust that the United Sections of the Court of Cassation will accept our appeal, recognising that climate change is also a matter for the courts.
The climate emergency is worsening and its impacts in Italy are increasingly dramatic, both in terms of victims and economic damage. The fundamental human rights of a growing number of people are either already impacted or at stake. We demand accountability of those responsible for this crisis, first and foremost the large fossil fuel companies who have been aware for decades of the climate and human rights crisis their business activities would cause. This is a matter of climate justice" Greenpeace Italy and Recommon state.
ENI, CDP and MEF have claimed that national courts in Italy have no authority or jurisdiction to hear the case and rule on climate matters. For this reason, in June 2024, the plaintiffs of the 'Giusta Causa' (The Just Cause) case requested the Supreme Court of Cassation to clarify if courts in Italy have the authority to rule over climate change-related legal claims. The decision of the Court will have an impact on every current and future climate case in Italy and, therefore, on the protection of people in Italy from the impacts of the climate crisis, a right already recognised by the European Court of Human Rights in the herstorical Judgement of the Verein KlimaSeniorinnen Schweiz and Others v. Switzerland.
