Corte EDU, I sez., sent.30.01.2025, Case of Cannavacciuolo and Others v. Italy (Sentenza pilota – Condannata l’Italia per aver violato il diritto alla vita (art.2 CEDU) nel territorio denominato “Terra dei fuochi”)

EUROPEAN COURT OF HUMAN RIGHTS

FIRST SECTION

CASE OF CANNAVACCIUOLO AND OTHERS v. ITALY

(Applications nos. 51567/14 and 3 others –

see appended list)

JUDGMENT

Art 34 • Victim • Locus standi • Systematic, decade-long, widespread and large-scale pollution phenomenon caused by illegal dumping, burying and/or uncontrolled abandonment of hazardous, special and urban waste, often carried out by criminal organised groups, in parts of the Campania region (“Terra dei Fuochi”) • Applicant associations not “directly affected” by alleged violations stemming from a danger to health due to exposure to the pollution phenomenon • Lack of applicant associations’ standing to act on behalf of their members • Victim status/locus standi criteria set out in Verein KlimaSeniorinnen Schweiz and Others v. Switzerland [GC] not applicable as limited to climate-change context • Absence of any other “special considerations” to grant standing to the applicant associations without a specific authority to do so • Lack of sufficient evidence that certain of the applicants or their relatives lived in areas affected by the pollution phenomenon • Incompatibility ratione personae

Art 2 (substantive) • Positive obligations • Life • Existence of a sufficiently serious, genuine, ascertainable and imminent risk due to the ongoing pollution phenomenon • Existence of a protective duty not negated by the lack of scientific certainty as to the precise effects the pollution might have on an applicant’s health • Art 2 applicable • Authorities’ failure to approach the Terra dei Fuochi problem with the diligence warranted by the situation’s seriousness and to take all steps required to protect the applicants’ lives • Lack of a systematic, coordinated and structured response

Art 46 • Pilot judgment • Detailed general measures indicated by the Court to be implemented within two years from the judgment’s finality to address the Terra dei Fuochi problem • Need for a comprehensive strategy bringing together existing or envisaged measures, an independent monitoring mechanism and a public information platform • Adjournment of similar pending cases not yet notified to the Government

Art 41 • Just satisfaction • Non-pecuniary damage • Reserved

Prepared by the Registry. Does not bind the Court.