Climate case against the State on 21 October in the Court of Appeal in Rome

"Last Judgment" returns to court, the first climate lawsuit against the Italian state.

Two years after the first instance body, on 21 October the Court of Appeal of Rome will examine the lawsuit brought against the State "for having chosen - write the proponents - to expose the population and the territory to the consequences of climate change".

Promoted by A Sud together with 200 appellants and 24 associations, the lawsuit according to the proponents "represents a tool to force the State to reduce greenhouse gas emissions and break ties with the Oil & Gas lobbies that prevent the abandonment of fossils and a just ecological transition".

With the ruling of 26 February 2024, after two and a half years of debate, the Civil Court of Rome declared the request inadmissible due to absolute lack of jurisdiction, without going into the merits. According to the Court of Rome, in Italy there is no judge to turn to to obtain protection from this type of non-compliance. A different choice compared to other European countries, where similar disputes ended with upholding sentences.

A Sud recalls that the European Court of Human Rights, with the KlimaSeniorinnen ruling, recognized that the climate inaction of States violates Article 8 of the Convention. In July 2025, the United Sections of the Court of Cassation, in a Greenpeace case against Eni and the Ministry of Economy, ruled out the possibility of invoking absolute lack of jurisdiction in this matter.