Saúl versus RWE - The Huaraz Case

Huaraz, Palcacocha, Peru

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 "Huaraz Case" 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.

  • 30.11.2017: The Higher Regional Court Hamm announces its decision to enter into the evidentiary stage thereby writing legal history.

  • 25.02.2018 and 14.03.2018: The Higher Regional Court of Hamm clearly rejects two statements of objection filed by RWE’s lawyers against the Court’s Order for the Hearing of Evidence and states once again: climate damages can give rise to corporate liability.

  • July 2018: Since plaintiff and defendant cannot agree on experts for the taking of evidence, the Higher Regional Court of Hamm announces that it will select them itself.

  • September 2018: The experts selected by the Higher Regional Court of Hamm accept their appointment. They will provide an opinion on the question of wether or not there is a serious threat of impairment to the plaintiff‘s property. If this question is answered positively, there will be taking of evidence with regards to the defendant‘s part of responsibility for this impairment due to RWE‘s CO₂ emissions.

Der Fall Huaraz

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Publication
04 August 2017
Cover: Huaraz-Seite Lawsuit Factsheet

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.

News
17 July 2017

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.

Publication
23 May 2017
Piktogramm Gerichtsdokumente
Remarks on the decision by the District Court Essen from Dec 15, 2016 in Germany’s first climate lawsuit by Dr. Will Frank

To what extent must operators of power plants assume liability for consequences of climate change? This question is at the centre of a lawsuit in which a Peruvian farmer is suing a German energy provider. The plaintiff´s house lies below a glacial lake, the volume of which has increased to a hazardous level in the course of climate change. The power plant operator is requested to partially cover the costs of preventive measures for securing the property of the claimant. The District Court Essen dismissed the case. The decision is appealed. The central legal question is about causality.

Publication
19 May 2017
Factsheet Huaraz EN Cover
The case of Huaraz points to the major responsibility of large energy companies

The Peruvian farmer and mountain guide Saúl Luciano Lliuya has filed a lawsuit against RWE.

Press Release
13 May 2017
Bild: Germanwatch Pressemitteilung
Parallel to the political negotiations at the UN Climate Summit in Bonn, the legalities of climate change and its consequences will be on the agenda in Hamm. The Peruvian mountain guide Saúl Luciano Lliuya is taking his suit against RWE to the court of second instance.

The 5th Civil Chamber of the Higher District Court Hamm (Germany) has scheduled an oral hearing for the appeal of Peruvian mountain guide and small farmer Saúl Luciano Lliuya for 13 November (Monday). The public hearing is set to take approximately two hours. The scheduled date lies in the middle of the two-week UN Climate Change Conference in Bonn (Germany, 6 – 17 Nov.), which will likely attract added international attention to the case. The attorney for the claimant, Dr. Roda Verheyen (Hamburg), is pleased by the Higher District Court’s decision. “I am confident that this initial hearing will now be followed by an evidentiary phase."

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Statement SAUL english, 21.03.2015

"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"