Environmentally Unsustainable Behaviours & Liability of Corporations

Francesca Bertelli (Unitelma Sapienza)
Karin Peluffo (Unitelma Sapienza)


What role do the recent judgments in cases of the CJEU play for the coordination of private law and technical regulations concerning polluting emissions? The paper will move from an analysis of recent judgments by the European Court of Justice, specifically cases C-145/20 and C-873/19, crucial for revaluating private law’s function and exploring the relationship between consumer rights and responsibilities in the context of the green transition. CJEU’s rulings are a compelling means to foster the debate on creating more effective national solutions, increasing the uniformity of remedies across Europe, and ensuring companies accountability for threatening fundamental rights and the environment. CJEU’s decisions considerably strengthened consumers’ bargaining power and played a pivotal role in promoting Sustainable Development through private law instruments.

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