ELI Sustainability and Environmental Law SIG Held a Second Seminar in its 2023 Series

18.05.2023

On 18 May 2023, the ELI Environmental Law SIG held an online seminar on Climate Change Litigation.

Climate change litigation against companies is a phenomenon that is becoming increasingly common around the world, with the first decisions in favour of plaintiffs marking the boundaries of climate action and pointing the way for upcoming lawsuits. The first lawsuit against a large energy company has been filed in Italy.

Vittorio Jacinto attempted to provide a definition of climate change damage, examining the prerequisites for a lawsuit by resorting to remedies typical of Italian civil law. Among the many problems that such litigation raises (from demonstrating a causal link to identifying the appropriate remedy) is that of circumscribing the subjective legal situation on which to hinge litigation: the duty of sustainability traceable in the Italian constitution could be the basis for protecting the climate for the purpose of keeping inviolate the natural foundations of life for future generations.

The presentation was followed by a lively debate.