Saúl versus RWE - The Case of Huaraz

Saúl versus RWE - The Case of Huaraz

For the first time, a company responsible for climate change faces legal charges in Europe: Today, the Peruvian farmer and mountain guide Saúl Luciano Lliuya is filing a lawsuit against the German utility RWE at the Regional Court in Essen, Germany. The reason: The energy company’s immense emissions threaten his family, his property as well as a large part of his home city of Huaraz.

The "Case of Huaraz" at a glance

  • 24.11.2015: Saúl Luciano Lliuya files the lawsuit, which is classified by the District Court Essen as "a legal matter with fundamental significance".
  • June 2016: In its statement of defence, RWE disputes its own responsibility for climate change induced damage in the Andes and denies that Huaraz even faces a risk of flooding.
  • 24.11.2016: The first oral hearing takes place amid great national and international interest – the decision was adjourned.
  • 15.12.2016: The District Court Essen dismisses the civil lawsuit against RWE.
  • 26.01.2017: Saúl Luciano Lliuya files an appeal before the Higher Regional Court Hamm against the negative ruling of the Regional Court Essen.
  • 13.11.2017: The appeal at the Higher District Court Hamm is scheduled as an oral hearing.

Piktogramm Juristische Anmerkungen
Meldung
13. December 2017

Court documents of the 'Case of Huaraz'

Germanwatch provides unauthorised English translations of the most important court documents of the Huaraz case. Moreover, court documents of the defendants party have been summarized and translated into English. Recent documents will be uploaded on a current basis. >> mehr
PIC: Frage & Antwort
Meldung
12. December 2017

Interesting facts: Background information on the decision of the higher regional court Hamm

This document describes, amongst other things, the legal basis for Saúl Luciano Lliuya’s claim, his exact reasoning, the first-instance decision, the clear votum of the higher regional court in Hamm and the consequential indicative ruling and decision to take evidence. You can also find additional information regarding the role of climate models and science in this interesting background document. >> mehr
Bild: Germanwatch Pressemitteilung
Pressemitteilung
30. November 2017

Historic breakthrough with global impact in "climate lawsuit"

Saúl Luciano Lliuya versus RWE: Following the legal debate, now the evidentary phase begins – Investors all around the world are now forced to take new litigation risks into account

The decision announced today by the Higher Regional Court Hamm (Germany) to enter into the evidentiary stage in the case of Saúl Luciano Lliuya against the german utility RWE is of great legal relevance. It is the first time that a court acknowledged that a private company is in principal responsible for its share in causing climate damages. This applies if concrete damages or risks for private persons or their property can partly be assigned to the activities of the relevant company. >> mehr
PIC: Frage & Antwort
Meldung
23. November 2017

QUESTIONS and ANSWERS regarding the CASE OF HUARAZ

On this page you can find the answers to the most Frequently Asked Questions about the case of Huaraz. >> mehr
Bild: Germanwatch Pressemitteilung
Pressemitteilung
13. November 2017

Higher Regional Court Hamm: Large emitters can be held legally responsible for climate change impacts

The 5th civil chamber of the Higher District Court Hamm (Germany) wrote legal history today. It gave a clear statement that large emitters like RWE are liable for supporting people in poorer countries affected by climate change. The climate-suit of Saul Luciano Lliuya will therefore enter into the next phase. On 30th November, the court is expected to formally announce its decision to enter into the evidentiary phase. At that point, it will be necessary to provide sufficient evidence in this specific case to prove that RWE must provide a financial contribution as Luciano Lliuya has demanded. The court's argument is of great significance for many people who suffer from climate change impacts. >> mehr
Justitia
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7. November 2017

Workshop on Climate Litigation in the margins of COP23

The pursuit of Climate Justice

How can we seek Climate Justice? How can we enforce rights and responsabilities? Find out, get involved. >> mehr
Bild: Germanwatch Pressemitteilung
Pressemitteilung
3. November 2017

Germany: Higher District Court Hamm hears "Climate Suit" against RWE

On November 13th the fifth Civil Senate of the Higher District Court Hamm will hear the case of the Peruvian mountain guide Saúl Luciano Lliuya against the German utility RWE

On November 13th (Monday) the fifth Civil Senate of the Oberlandesgericht (Higher District Court) of Hamm (Germany) will conduct an oral hearing in the appeal of the Peruvian farmer and mountain guide Saúl Luciano Lliuya. In this climate justice lawsuit, the core question is whether the energy corporation RWE may be held partially responsible for protective measures against climate change in the high Andes in Peru. There, the city of Huaraz is threatened by a flood wave from a glacial lake that has increased in volume as a result of climate change. The Landgericht (District Court) Essen rejected the civil law suit that is – so far - unique in Europe. The question is now whether the higher court will enter into the evidentiary phase which would establish a ground-breaking precedence. >> mehr
Huaraz, Palcacocha, Peru
Meldung
17. August 2017

YURAQ JANKA - A journey to Palcacocha

Transmedia project about the impacts of climate change in Peru

This is a transmedia project about individuals, communities and organizations facing the impacts of climate change in the Cordillera Blanca in Peru. Next to the climate lawsuit of Saúl Luciano Lliuya, this project shares insights from the 1941 glacier lake outburst flood in Huaraz as well as from the workers living at the camp below the Palcacocha glacier lake. >> mehr
Cover: Huaraz-Seite Lawsuit Factsheet
Publikation

First Climate Lawsuit Against Energy Company Before German Courts

The dimension of civil law in the Loss & Damage debate. How large greenhouse-gas emmiters can be held liable for the consequences of climate change. The example of the first climate lawsuit against an energy company before German courts. This factsheet presents the case of Saúl Luciano LLiuya against RWE and addresses the question of causality. >> mehr
Meldung
17. July 2017

Canada: Local government demands fossil fuel companies to pay their fair share of climate costs

The District of Highlands, a Southern Vancouver Island municipality (Canada) sent a "Climate Accountability Letter" to 20 of the world's largest fossil fuel companies – demanding them to pay their fair share of the climate costs suffered by the District. This initiative follows the approach of the climate lawsuit "Saúl Luciano LLiuya against RWE" which is supported by Germanwatch. >> mehr

Contact

Press Contact

"This Peruvian Man is Suing an Energy Company Over Climate Change" (Video by VICE News Tonight on HBO)

Saúl Luciano Lliuya, Huaraz/Peru

"I am happy to have become active and it overwhelms me how much interest and support I have received in my country and around the world. This gives me the courage and strength to move forward. Climate change affects all countries in the world. Therefore we have to stand up for justice."

Donation "Saúl versus RWE - The Case of Huaraz"

Media Response

The Guardian, 10.09.2017
See you in court (Editorial)


The Washington Post, 07.08.2017
A flood of problems 


International Business Times, 25.11.16
A Peruvian farmer is suing German energy giant RWE over climate change


New York Times, 10.05.2017
In Novel Tactic on Climate Change, Citizens Sue Their Governments


The Guardian / theguardian.com, 16.03.2015