Hamm (19. March 2025). The lawsuit, which has already set a global precedent for corporate climate liability, seeks to hold RWE accountable for its role in accelerating glacial melt that threatens Luciano Lliuya’s hometown of Huaraz with catastrophic flooding. Scientific studies link RWE’s emissions to glacier melt, increasing the risk posed by a rapidly expanding glacial lake above the city.
This week’s hearings focused on the scientific evidence of the risk of flooding for the plaintiff´s property A key question before the court was the extent to which Luciano Lliuya’s home and family are at risk. His lawsuit argues that RWE should contribute its fair share to protective measures, given its role in driving the climate impacts endangering his community.
On the second day of hearings, scientists on the side of the plaintiff Luciano Lliuya challenged key findings of a court-appointed expert report, highlighting critical “blind spots.” They argued that the report severely underestimated the risk of rockfalls triggered by thawing permafrost and failed to fully account for climate change’s accelerating impacts. The plaintiff’s legal team warned that the flood risk to Huaraz is much higher than acknowledged and urged the court to act accordingly.
Roda Verheyen, Saúl Luciano Lliuya’s lawyer, said: "We have now provided all the necessary evidence to move forward: There is a real danger to the house, and this risk is foreseeable within a reasonable timeframe. A flood would cause damage to the home. The only remaining question is what level of probability the court deems necessary. The court must take into account the rapid progression of climate change. Regardless of the final ruling, I welcome the court’s clear confirmation that major emitters like RWE can be held liable for climate damage and risks."
Saúl Luciano Lliuya said: "The climate crisis is our daily reality. I worry about my family and the future of my city. This case is not just important for me and the people of Huaraz, for every community living under the threat of the climate crisis. It’s about holding companies accountable for the damage they’ve caused and ensuring vulnerable communities like mine are not left to pay the price for a crisis we did not create. These past two days in court have been long, but the solidarity I’ve felt gives me strength. I look forward to justice, knowing this fight is bigger than just my home, it’s about protecting everyone at risk."
Major emitters face financial risks
The case builds on a precedent-setting court decision that first recognised major polluters could be held liable for climate-related risks and damages. In a landmark decision, the court upheld Luciano Lliuya’s claim under Germany’s “neighbour law” (§ 1004 BGB), allowing the case to proceed to the evidentiary phase. This established that high-emitting companies can, in principle, be held accountable by those suffering the consequences of the climate crisis. A final ruling could further cement this legal precedent.
Christoph Bals, Chief policy officer at Germanwatch, commented:
"For the world’s biggest corporate polluters, this case signals that their emissions come with serious financial risks. Policymakers cannot wait for a flood of lawsuits, they must act now to ensure major emitters pay for the damage they have caused."
Klaus Milke, Chair of directors Stiftung Zukunftsfähigkeit, added:
"We have supported the plaintiff from the very beginning. We hope this case not only leads to real protection for Huaraz but also sets a crucial precedent for communities worldwide facing climate threats."
This is the first case of its kind against a European company, with far-reaching implications. With more than 40 climate lawsuits globally challenging major emitters, the legal risks for fossil fuel companies are mounting. Research suggests that 25 of the world’s largest oil and gas firms could be liable for up to $20 trillion in damages from their emissions between 1985 and 2019.
The environmental and development organization Germanwatch is supporting the lawsuit primarily with press and public relations work. The Stiftung Zukunftsfähigkeit has agreed to pay for legal costs and is calling for donations.
