Gastronomy Law

social, and environmental progress.103 Member States have committed themselves to achieving the targets by 2030.104 The Sustainable Development Objectives follow on from the results of the Millennium Development Goals that preceded them, and represent common objectives (in the sense that they concern all countries and all individuals) on a set of issues important for development: the fight against poverty, the elimination of hunger, and the combating of climate change, to cite only a few. There is a correlation between the objectives mentioned by the 2030 Agenda and the specific objectives of the CAP,105 which makes it possible to outline a wide‑ranging programmatic framework. Some authors,106 recalling FAO reports of 2016107 and 2018,108 underline how food and agriculture are key elements for the achievement of all the SDGs.109 In that perspective, also with a view to achieving the SDGs of the 2030 Agenda, Italy has adopted its National CAP Strategic Plan 2023–2027.110 103 See https://unric.org/en/sdg-1/. 104 A recent decision by the Italian Supreme Court of Cassation (United Chambers, order 21 July 2025, n. 20381) has stated that there is a legal direct responsibility of the companies operating in the market (together with an indirect responsibility of the public powers/State in so far as they can control the activities of the former, given, f.i., their position as shareholders) for breaching the duties deriving from international obligations in the environmental field (climate change litigation). The Supreme Court has clarified that such responsibility has not political and/or legislative nature, but it is a legal responsibility. According to the Court, the legal action brought against ENI (Ente Nazionale Idrocarburi, an Italian multinational energy company), the Ministry of Economy and Finance (MEF, shareholder of ENI) and the Cassa Depositi e Prestiti (CDP, one of the main financial institutions of the Italian State, and shareholder of ENI) is a common action for damages (Articles 2043, 2050, 2051, and 2058 of the Italian Civil Code), based on the allegation of damages consisting in the violation of the right to life and to respect for private and family life, the injustice of which is predicated by virtue of the reference, on the one hand, to the positive and negative obligations deriving from Articles 2 and 8 of the ECHR, and, on the other, to the duties of intervention provided for by international sources in the fight against climate change. These obligations and duties are affirmed to be binding not only on the States that have acceded to the ECHR and the agreements referred to, but also on individual public and private entities, in particular those operating directly or through other entities in which they have a stake in the sector of production, transport, and marketing of fossil fuels. In our case, both ENI (private company) and MEF and CDP (public institutions) may be found responsible – as bodies operating (both directly and indirectly) in the sector of production, transport, and marketing of fossil fuels – for the failure to adopt the necessary measures to reduce climate-altering emissions produced by the company’s activities. 105 See S. Carmignani, SDGS e agricoltura. Una breve riflessione, in S. Carmignani, N. Lucifero (edited by), Le regole, cit., p. 207 ff. 106 S. Manservisi, Il ruolo, cit., p. 849 ff. 107 UN Food and Agriculture Organization (FAO), Food and Agriculture Key to achieve the 2030 Agenda for Sustainable Development. 108 UN Food and Agriculture Organization (FAO), Transforming food and agriculture to achieve the SDGs. 109 In this sense, see also I. Canfora, Agenda 2030, agricoltura e alimentazione, in P. Borghi et al. (eds), Trattato di diritto alimentare italiano e dell’Unione europea, cit., p. 25 ff. At EU level, see European Commission, Reflection Paper. Towards a sustainable Europe by 2030, COM(2019) 22 final, 30 January 2019, point 3.1.2, p. 21. 110 The Italy CAP Strategic Plan 2023-2027 has been adopted by the EU Commission Implementing Decision C(2022) 8645(final) dated 2 December 2022 (as subsequently modified). From 1 January 2023 to 31 December 2027 farmers and rural areas in Italy will be able to count on support of approximately 37 billion euros, coming from the 449 WATER GOVERNANCE AND RIGHT TO FOOD

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