Greenpeace Italy v. Polytechnic University of Turin and ENI S.p.A.

On April 19, 2021, as part of a campaign on the influence of fossil fuel companies on Italian universities, Greenpeace Italy requested access to the framework agreements, contracts, conventions and collaboration agreements concluded in 2019-2021 between the Polytechnic University of Turin and ENI S.p.A. and its group companies (Versalis, Eni Rewind, Eni Corporate University and Fondazione Eni Enrico Mattei), together with information on the degree and postgraduate courses and other funding provided by those companies. On May 21, 2021, the University denied access, arguing that documents concerning academic agreements and financial relationships did not contain environmental information. Greenpeace challenged the denial before the Regional Administrative Court of Piedmont.

On April 19, 2022 (judgment No. 379/2022), the Court annulled the denial and ordered disclosure within 20 days, holding that environmental information covers not only data directly related to the environment but also choices, actions and activities that directly or indirectly involve the environment and its protection. ENI and the University appealed, and the Council of State suspended the judgment pending appeal (orders No. 2695/2022 and No. 2701/2022).

On July 6, 2023 (judgment No. 6611/2023, Seventh Section), the Council of State dismissed both appeals. It held that the right of access to environmental information must be interpreted as broadly as possible and extends to activities that affect the environment only indirectly. In finding that agreements between a university and "a company that is notoriously a leader in the energy sector" concern environmental information, the Court relied on ENI's own public statements that it is committed to the energy transition and to achieving carbon neutrality by 2050, described the energy transition as "one of the essential areas of current environmental problems", and noted that energy is expressly listed among the environmental factors in Legislative Decree No. 195/2005. It further held that generic claims of commercial confidentiality relating to corporate strategies cannot override the right of access, and that disclosure of corporate funding of research grants, scholarships and degree courses could only have a positive effect on the quality of university education.