ITALY Law and Practice Contributed by: Francesco Fonderico, Elettra Monaci, Eugenio Fidelbo and Marco Pellizzola, Ambientalex Studio Legale
Furthermore, there is no indication that Italy has authorised projects under the mechanism referred to in the same Article 6.4. 2.5.3 Article 6.8 – Non-Market Approaches Article 6.8 of the Paris Agreement deals with Non- Market Approaches (NMAs), international co-opera - tion instruments aimed at supporting the implemen - tation of National Contributions (NDCs) without using carbon trading mechanisms. A key aspect that has emerged during negotiations, including during COP29, is the creation of the NTA Platform, a technical forum dedicated to facilitating the exchange of information, best practices and co- operation among parties on non-market activities. This platform aims to improve transparency, co-ordi - nate international efforts and increase the effective - ness of NMAs. Parties can nominate an Article 6.8 national focal point who is granted access to a dedicated section of the NMA Platform. However, as of June 2026, Italy had not yet estab - lished any national focal point. 2.6 Climate Litigation In recent years, climate change litigation has become increasingly common. The aim of such litigation is to bind the state by a court ruling to fulfil its climate obli - gations and to order the public authority to compen - sate individuals for the damage caused by its failure to do so. Such litigation is usually brought by NGOs and citizens’ groups. In spring 2023, several NGOs sued a major Italian energy company, together with its main shareholders, demanding that it be held liable for the damage caused by climate change and ordered to reduce its greenhouse gas emissions. The court stayed the proceedings pending clarification from the Court of Cassation on jurisdictional issues, highlight - ing early procedural uncertainty in climate litigation. This uncertainty has since been partially addressed. On 18 July 2025, the Joint Divisions of the Italian Court of Cassation issued a landmark order affirming, for the first time in a structured manner, the potential jurisdic - tion of Italian civil courts over climate-related claims,
including actions seeking damages. The decision also provided important procedural guidance on admissi - bility and jurisdictional allocation in climate litigation. At lower court level, the Civil Court of Piacenza (Order No 1439/2024), influenced by evolving European human rights jurisprudence, further expanded the conceptual basis for such claims. Following the April 2024 ruling of the European Court of Human Rights, the court held that environmental protection in the context of anthropogenic climate change necessarily includes climate change mitigation. It further recog - nised that the fundamental right to a healthy environ - ment – linked to human dignity – encompasses a right to a livable climate, including both macro-climatic conditions and urban microclimates. Overall, Italian climate litigation is still at an early but rapidly developing stage, with courts progressively clarifying jurisdictional foundations and expanding the substantive scope of environmental rights in line with European jurisprudential trends. As an EU member state, Italy applies Regulation (EU) 2024/3012 establishing a Union certification frame - work for permanent carbon removals, carbon farming and carbon storage in products (Carbon Removal and Carbon Farming Regulation – CRCF). Under the CRCF Regulation, carbon removals and soil emission reductions shall be eligible for certification where they are generated by an activity that complies with the quality criteria set out in its Articles 4 to 7, and as far as are independently verified. On this last point, in order to ensure harmonisation for the certification schemes provided at national level, the Commission has adopted Implementing Regulation (EU) 2025/2358 of 20 November 2025, laying down rules on certifica - tion schemes, certification bodies and audits under Regulation (EU) 2024/3012 of the European Parlia - ment and of the Council. 3. Responses to International Developments 3.1 Voluntary Carbon Markets
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