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A Sud et al. v. Italy

Filing Date: 2021
Status: Pending
Case Categories:
  • Suits against governments
    • GHG emissions reduction and trading
      • Other
Jurisdictions:
  • Italy
    • Civil Court of Rome
Principal Laws:
  • UNFCCC
    • Paris Agreement
  • Italy
    • Civil Code Article 2043
  • Aarhus Convention on Access to Environmental Information
  • European Convention on Human Rights
Summary:

On June 5, 2021, environmental justice NGO A Sud and more than 200 plaintiffs filed suit alleging that the Italian government, by failing to take actions necessary to meet Paris Agreement temperature targets, is violating fundamental rights, including the right to a stable and safe climate. The action, part of a campaign called Giudizio Universale (The Last Judgment), seeks a declaration that the government's inaction is contributing to the climate emergency and a court order to reduce emissions 92% by 2030 compared to 1990 levels. According to an executive summary of the claim released by the plaintiffs, the government's climate obligations stem from the Paris Agreement, EU regulations, and IPCC reports. The human right to a stable and safe climate is based on guarantees in Article 6 of the Treaty of the European Union (guarantee of fundamental rights), and Articles 2 (right to life) and 8 (right to privacy) of the European Convention on Human Rights, among others. These rights violations give rise to non-contractual liability of the Italian government under Article 2043 of the Italian Civil Code.

On December 14, 2021, the first hearing was held before the Civil Court of Rome in the form of written notes. In its reply, the Presidency of the Council of Ministers, represented by the “Avvocatura Generale dello Stato” (state lawyers), requested the Court to declare the complaint inadmissible and, in any case, to dismiss the applicants’ claims on the merits. On the matter of fact, the reply describes in depth the State’s policies and endeavors on climate change. On the matter of law, the reply deals with: (i) the absence of jurisdiction of the civil judge over activities pertaining to the legislative and executive powers of the State; (ii) the lack of standing rights of the applicants; (iii) the impossibility of placing an individual responsibility on the Italian State for climate change and its impact.

The applicants sent their rebuttal notes on January 14, 2022. The second hearing (the first oral hearing) has been held on 21 June 2022. The parties presented their legal arguments before the judge. The judge scheduled the next hearing for September 13, 2023.

At Issue: Whether the Italian government is violating fundamental rights through its inaction on the climate emergency
Case Documents:
Filing Date Type File Summary
06/05/2021 Not Available Download Summary of the Writ of Summons released by plaintiffs
06/05/2021 Petition Download Summons (automated English translation)
06/05/2021 Petition Download Summons (in Italian)
05/20/2021 Not Available Download Report prepared by Climate Analytics on May 2021.
05/19/2022 Not Available Download Report prepared by Climate Analytics on May 2022.

© 2023 · Sabin Center for Climate Change Law · U.S. Litigation Chart made in collaboration with Arnold & Porter Kaye Scholer LLP

The materials on this website are intended to provide a general summary of the law and do not constitute legal advice. You should consult with counsel to determine applicable legal requirements in a specific fact situation.