Responsabilità climatica e fallimenti del mercato: Strategie d’impresa e modelli giuridico-economici di responsabilità

This contribution aims to examine the legal and economic implications arising from the ruling of the United Sections of the Italian Supreme Court Corte di Cassazione No. 20381 of 2025, whereby the jurisdiction of the Italian judiciary was affirmed in a dispute concerning damages caused by climate altering emissions, initiated by private individuals and environmental associations against ENI and its principal public shareholders. After reconstructing the factual and legal framework underpinning the decision, the analysis focuses on potential configurations of civil liability for conduct detrimental to the climate, with particular emphasis on the principle of marginal contribution to systemic environmental risk. In this regard, climate law progressively emerges as a binding legal constraint capable of redefining the scope of civil liability as well as the role and obligations of enterprises in the ecological transition. Drawing on insights from economic theory, the study highlights how climate liability may represent an effective instrument for the internalization of negative externalities, fostering an alignment between private interests and the protection of global public goods. From a corporate perspective, the rise of widespread climate litigation phenomena necessitates a recalibration of business strategies and production models, integrating climate risk into governance frameworks and ESG criteria, with the aim of mitigating reputational, judicial, and financial impacts.