In a ruling that bolsters climate justice efforts across Europe, Italy’s Supreme Court of Cassation has held that climate change-related lawsuits aimed at protecting fundamental human rights can be heard by the country’s courts.
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The decision paves the way for a major civil suit filed in May 2023 by 12 Italian citizens, Greenpeace Italy, and the environmental group ReCommon against Italian oil giant ENI, the Ministry of Economy and Finance (MEF), and Italy’s development bank, Cassa Depositi e Prestiti S.p.A. (CDP). The plaintiffs allege that ENI and its shareholders have knowingly contributed to the climate crisis, endangering the health, safety, and rights of citizens.
ENI and the government defendants had sought to dismiss the case, arguing that climate lawsuits are not justiciable under Italian law. However, the Supreme Court firmly rejected those jurisdictional objections in an ordinance issued Monday, ordering that the case proceed before the Court of Rome.
“The Supreme Court establishes unequivocally that no one is above the law and that the interests of Big Oil cannot outweigh the rights of people to have their health and safety protected by courts,” Greenpeace Italy and ReCommon declared in a joint statement following the decision. “Climate justice is now a key concern for Italy’s courts.”
The plaintiffs are seeking accountability and compensation for both current and future damages linked to climate change, citing ENI’s historic role in greenhouse gas emissions and reliance on fossil fuel extraction. They argue their claims are anchored in fundamental rights protected by the European Convention on Human Rights and Italy’s international climate commitments.
Although the ruling does not address the merits of the case, it affirms that Italian courts have jurisdiction even over emissions from ENI subsidiaries abroad—on the basis that decisions were made at the company’s Italian headquarters and the alleged harm occurred domestically.
Greenpeace and ReCommon hailed the decision as one of the most significant milestones in international climate litigation, aligning Italy with other European nations that have recognized the right of citizens to hold fossil fuel companies accountable through the courts.
“No one, not even a colossus like ENI, can escape its responsibilities anymore,” the environmental groups said. “Those who pollute and contribute to the climate crisis must answer for their actions.”
ENI, in its response, welcomed the opportunity to resume proceedings before the Court of Rome. The company said it expected the tribunal to “dismantle” what it described as the “instrumental, unfounded, and often misleading” claims put forward by the plaintiffs.
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