On May 9, 2023, 12 Italian citizens and 2 NGOs (Greenpeace Italy, and ReCommon) filed a lawsuit against the fossil fuel company ENI S.p.A. ("ENI") for its contribution to global warming. The lawsuit also includes ENI's two majority shareholders, namely the Italian Ministry of Economy and Finance ("MEF") and Cassa Depositi e Prestiti S.p.A. ("CDP"), which have the power to strongly influence the company's policies. The case is built on the landmark decision Milieudefensie et al. v. Royal Dutch Shell plc, which ordered Shell to reduce its emissions by 45% by 2030, relative to 2019, across all activities including both its own emissions and end-use emissions. According to the claimants, ENI’s own decarbonization strategy is not in line with the goals enshrined in the Paris Agreement and the best available climate science recommendations to limit climate impacts. It is alleged that ENI's conduct not only contributes to climate change, with all that it entails in terms of environmental risks and health consequences, it also violates human rights that are safeguarded and protected both by the Italian Constitution and by international norms and agreements. Besides, MEF and CDP are also deemed responsible for ENI's climate inaction, as, thanks to the ENI's shares held directly and indirectly, they have sufficient votes to exercise a dominant influence in the Ordinary Shareholders' Meeting of ENI, which is equivalent to a situation of "control" of the State over the same company participated.
On the basis of the above, the claimants are asking the Court of Rome to declare ENI, MEF and CDP jointly and severally liable for past and potential future damages to fundamental rights, such as the right to health, safety, and property and for putting, and continuing to put, in danger the same assets of the applicants because of the consequences of climate change.
Claimants are also seeking an order against ENI MEF and CDP to adopt an industrial strategy to reduce the climate-changing CO2 emissions associated with its operations by 45% by 2030 against the company’s 2020 baseline, in line with the requirements of the Paris Agreement. The claimants request the application of the new astreinte tool, asking to condemn ENI to pay a monetary sum to be determined by the judge for any violation or non-compliance with or delay in the execution of the obtaining order. No claim for the actual damages suffered by the 12 citizens or others is sought.
The first hearing will be held in October 2023, after exchange of written briefs.
Case Documents:
No case documents are available.