Former Ilva site, Milan Court of Appeal: hot area to be shut down within 90 days if emissions are not reduced. Government confirms loan
The judges have upheld the appeal lodged by the citizens’ associations: the application is justified by the risk of prejudice to the right to health
Key points
Deflagra the former Ilva case on the eve of tomorrow morning’s summit on 28 July at Palazzo Chigi between the Government (the issue is also on the agenda of today’s Council of Ministers meeting, ed.) and the trade unions. Today, the Milan Court of Appeal ruled to halt operations at the Taranto steelworks. The Court’s civil division, as stated in the ruling, ‘grants the application for an injunction and, consequently, in partial reversal of the contested decree, orders Ilva spa, Acciaierie D’Italia SpA and Acciaierie d’Italia Holding SpA, all under special administration, to suspend production activities in the hot section of the Ilva plant in Taranto, granting them a period of ninety days, starting from the date of the final notification of the ruling, to complete the suspension operations under the supervision of the supervisory authority’.
Appeals and the Court of Appeal’s response
The Court of Appeal has ruled on the appeals lodged in recent months by a group of citizens from Taranto and the association “Genitori Tarantini”, as well as by the companies concerned, regarding the ruling by the Court of Milan which, in February, ordered the steelworks to halt production by 24 August if the company failed to review and amend a series of environmental requirements set out in the Hague Convention issued last year, which the judges deemed inadequate in terms of protecting the environment and public health.
In the Court’s view, ‘it is clear that the citizens’ claim, as set out in the statement of 30 September 2025 and reiterated in the complaint, was in any event based – both before and after The Hague 2025 – on the risk of harm to the right to health and the right to a healthy climate. The citizens’ claims cannot be regarded as generic because the reasons why the operation of the plant poses a risk of harm to health have been clearly set out, with specific reference, amongst other things, to various identified harmful substances’, as well as ‘the inadequacy, at various times, of the measures taken by Ilva to avert the risk of pollution-related diseases”» and ‘the unjustified delays in implementing appropriate measures to avert the risks, as permitted by provisions of the 2025 Hague Convention, which are, in theory, unlawful’.
‘The 90-day period is appropriate’
“AdI and Adih, as well as Ilva SpA, must therefore be ordered to suspend operations in the hot area,” writes the panel. To this end, the Court considers it appropriate to grant the aforementioned entities a period of ninety days to complete, under safe conditions, the operations to suspend the operation of the installations, under the supervision of the supervisory authority. This period shall commence from the date of the final notification of the decree to the addressees of the order.”
‘It is left to the discretion of the plant operators and owners to resume operations,’ states the Court, ‘once they have completely removed all asbestos still present in the plants; adopted the necessary measures to bring emissions of fine particulate matter within safety limits, with reference to the authorised production scenario of 6 million tonnes per year, and in any event within the administrative procedural framework provided for by Legislative Decree No. 152/2006 and Directive 2010/75, in accordance with the terms specified in the ECJ judgment.” This is the judgement of the European Court of Justice which, in June 2024, ruled that an industrial installation causing damage to the environment and human health must be shut down.

