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A Sud et al. v. Italy - judgment

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A Sud et al. v. Italy - Other

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A Sud et al. v. Italy - petition

Filing Year For Action

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.

Following the final hearing on 13 September 2023, the Judge of the Second Civil Section of the Court of Rome requested the parties' closing statements and proceeded with the ruling.

In its judgment of February 26, 2024, the Court declared the claims inadmissible for absolute lack of jurisdiction (‘difetto assoluto di giurisdizione’). 

The Court applied the principle of separation of powers and the related case law. The Court pointed out that the claim entails a review of the sphere of powers that the Constitution reserves to the legislature. 

In the Court's opinion, "the interest for which compensation is claimed under Articles 2043 and 2051 of the Italian Civil Code does not fall within the category of legally protected subjective interests, since decisions relating to the methods and timescales for managing the phenomenon of anthropogenic climate change - which involve discretionary socio-economic assessments and in terms of cost-benefit in the various sectors of human life - fall within the sphere of attribution of the political bodies and cannot be sanctioned in the present proceedings. With the proposed civil action, the plaintiffs essentially ask the Court to annul the measures, including primary and secondary regulatory measures (...) that constitute the implementation of the political choices of the legislature and the government for the achievement of the objectives assumed at international and European level (in the short and long term) in violation of a cardinal principle of the order represented by the principle of separation of powers" (unofficial English translation, p. 12 of the judgment).  

A Sud appealed the court ruling, but a new ruling will not be made until October 21, 2026. 

A Sud et al. v. Italy

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An aim to achieve a quantifiable outcome within a given time-frame, set by an institution such as a national government.

Policy instruments are techniques or tools used by governing authorities to promote certain policies in order to achieve predetermined goals. Put simply, instruments are how a government tries to achieve its goals, with this taxonomy being focused on national policy instruments.

Risk is the potential for adverse consequences resulting from the dynamic interplay between (climate-related) hazards, exposure, and vulnerability of affected human or ecological systems.

Groups  of people who are adversely affected by climate change or the response to it

A set of principles, processes, and practices that build economic and political power to shift from an extractive economy to a regenerative economy.

Renewable energy means all forms of energy produced from renewable sources in a sustainable manner.

Fossil fuel is a generic term for non-renewable energy sources such as coal, fossil gas, and oil (including crude oil, and petroleum products), that can be used for electricity and heat generation. Fossil fuels are hydrocarbons formed from pressurised and heated organic material buried over millions of years.

Molecules in the atmosphere that play a key role in the greenhouse effect by trapping heat radiating from Earth’s surface.

Area of the economy in which actors engage in identical or related activities.

Financial actors and resources that are primarily directed towards climate change mitigation, adaptation and compensation.

An enterprise or financial institution that is usually majority-owned, backed or significantly controlled by nation-state governments.

In human systems, the process of adjustment to actual or expected climate change and its effects, in order to moderate harm, increase resilience or exploit beneficial opportunities. In natural systems, the process of adjustment to actual climate change and its effects; human intervention may facilitate adjustment to expected climate change and its effects.

A long-lived, colourless gas, chiefly emitted from fossil fuel combustion, deforestation and cement production.

Slow onset events evolve gradually from incremental changes over many years or from increased frequency or intensity of recurring events. As defined in the Cancun Adaptation Framework (2010), slow onset events include risks and impacts from rising temperatures, desertification, biodiversity loss, land and forest degradation, glacial retreat, ocean acidification, sea level rise, and salinization.

A target to reduce the prevalence of a greenhouse gas over a specific time frame

Activities that involve the cultivation of crops and raising of livestock for food, fibre, and other products essential for human life and industry.

Tradable permits are market-based tools that grant permission for specific activities, frequently used to regulate emissions. These permits can be issued within a trading system to manage environmental impacts.

This sector includes firms and individuals offering specialised expertise in fields such as law, accounting, consulting, science and engineering.

The activities of industries that transforms raw materials into finished goods through industrial processes.

A commitment to balance GHG emissions with removal by a certain point in time, effectively reducing the net emissions to zero

woman and genders outside of the gender binary

The release of heat-trapping gases, primarily from human activities such as burning fossil fuels, agriculture and industry.

Activities of government agencies and institutions that provide public services, enforce laws and manage public resources.

Terrestrial means "of the earth" and relates to the risks to ecological system that includes all living organisms and their interactions within land-based environments, such as forests, grasslands, and deserts.

Social and cultural groups that share collective ancestral ties to the lands and natural resources where they live, occupy or from which they have been displaced

People with different national or cultural traditions from the dominant population

Activities involving the catching, processing, and selling of fish for food, recreation, and industry.

Activities that provide lodging, food, and entertainment services to guests, including hotels, restaurants, and resorts.

Activities of industries that extract natural resources, such as mining, oil, and gas, for commercial use.

Oil is a combustible liquid fossil fuel composed mainly of hydrocarbons, occurring as crude oil and refined into petroleum products such as petrol, diesel and kerosene.

Actions or measures to adapt freshwater systems to climate change.

People who are less able to respond to the effects of climate change due to having limited financial or physical assets

Climate change can have a range of impacts on technological system. Extreme weather events can cause infrastructure failures like power outages or damage to roads and bridges, as well as the impacts from waste following natural disasters. Human activities also cause technological impacts, such as the risks posed by oil spillage and leaks.

Risks to the ecosystem health of the marine environment, including ocean warming, ocean acidification, and ocean deoxygenation, harming biodiversity, species health, ecosystem services, and coastal community livelihoods.

People who have left their homes, whether through force, voluntarily, or a mixture of both

Coal is a combustible sedimentary rock formed from carbonised plant matter, rich in carbon and hydrocarbons, and occurring in several main types including hard coal and brown coal.

Social protection systems consist of policies that help people manage social risks in order to prevent poverty and maintain decent incomes and living standards

Activities that involve planning, designing and building infrastructure, residential, and commercial structures.

Conditions that enhance the feasibility of adaptation options. Enabling conditions include finance, technological innovation, strengthening policy instruments, institutional capacity, multi-level governance and changes in human behaviour and lifestyles.

Climate change impacts our society by disrupting the natural, economic and social systems we depend on. Physical hazards and underlying vulnerabilities can lead to increased resource competition for food and water, which can heighten the risk of conflict.

A loan is a policy instrument where funds are provided to a borrower with the expectation of repaying the principal plus interest.

Actions or measures to adapt freshwater, coastal and marine systems to climate change.

People whose health, both mental and physical, makes them more vulnerable to the effects of climate change

A potent, short-lived greehouse gas, largely released from livestock, fossil fuel extraction and waste management.

Extreme weather refers to events where a weather variable exceeds (or falls below) a threshold. Meaning it is significantly different from the average or usual weather pattern.

The cryosphere is the frozen part of the Earth—it includes sea ice, glaciers, snow, and ice sheets. It helps regulate the climate and weather by reflecting sunlight. Rising temperatures are causing melting, leading to sea ice loss, glacier collapse, and glacier landslides and avalanches. This threatens the livelihoods of around 700 million people who rely on the cryosphere for food, water security, and cultural practices.

This sector involves activities that impart knowledge and skills to individuals, including formal schooling, vocational training and educational support.

The processes through which enterprises can identify, prevent, mitigate and account for how they address their actual and potential adverse impacts. Due diligence is the idea that reasonable precautions should be taken to avoid causing harm to people, the environment, or society. It also involves identifying and mitigating risks before they occur.

Geohazards are adverse geological phenomenon's that are capable of causing widespread damage or loss to property, life and the environment, such as earthquakes, volcano eruptions and tsunamis. Climate change can increase the frequency and severity of some geohazards, such as landslides, and soil erosion.

Fossil gas, commonly known as natural gas, is a fossil fuel consisting chiefly of methane with smaller amounts of other hydrocarbons and trace gases, found in underground deposits.

Activities of businesses and institutions that provide financial services and products to individuals and organisations.

Actions or measures to adapt terrestrial systems to climate change.

A ban is a legal action that prevents the sale or supply of a product or service, or that recalls a product from the market. Examples are bans on SF6, greenwashing, fossil fuel advertisement or single-use plastics.

The activities of industries involved in the production, distribution, and sale of energy, including electricity, gas, and renewables.

Air pollution involves harmful contaminants in the air, affecting both indoor and outdoor environments. It can lead to health issues like respiratory diseases and heart problems, and climate impacts such as global warming. Pollutants can damage plants, trees, habitats, and water bodies like rivers and lakes.

Activities that relate to the production of goods and services from forests.

Electricity generation from devices driven by the movement of salt water, differences in saltwater temperatures, or salinity gradients.

Heat extracted from the ground, usually in the form of hot water or steam and typically referred to as hydrothermal fluid.

This sector involves activities to move goods and people, alongside the storage of products.