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The ILVA and the Philips Respironics cases, both regarding an injunctive and a compensatory action brought in front of the Tribunal of Milan, are herein presented. More specifically, the former focuses on the right to health and to live in a clean environment, not endangered by pollution, whereas the latter pertains to a defective respiratory device which infringes the right to health. Through these cases, key aspects of the 2019 Italian dual procedural model are highlighted, underscoring critical aspects and potential trends for the future.

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Case Study No. 1: Environmental ‘Sacrifice-Zone’ and Harmful Medical Devices—The ILVA and Philips Respironics Cases

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  • 发表日期：

    2025年

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  • Ander Maglica

摘要

The ILVA and the Philips Respironics cases, both regarding an injunctive and a compensatory action brought in front of the Tribunal of Milan, are herein presented. More specifically, the former focuses on the right to health and to live in a clean environment, not endangered by pollution, whereas the latter pertains to a defective respiratory device which infringes the right to health. Through these cases, key aspects of the 2019 Italian dual procedural model are highlighted, underscoring critical aspects and potential trends for the future.