The Climate Case: Saúl versus RWE

The Climate Case: Saúl vs. RWE

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.

Note: This page is outdated and is no longer updated regularly. Please have a look at our new website on the RWE case. There you will find all relevant background information, legal justifications and ways to support Saúl and the case.

 To our new topic page "THE CLIMATE CASE"

 

The "RWE Case" at a glance

The "RWE Case" at a glance:

2022: After a long delay, the court hearing in the Andean city of Huaraz took place in May. Judges of the Higher Regional Court (OLG) of Hamm, legal advisors and experts travelled to Peru to check whether the plaintiff's house is actually threatened by a possible flood wave from the Palcacocha glacial lake above the city.

2020: Unfortunately, the taking of evidence in Huaraz will be further delayed due to the Corona-crisis and resulting travel restrictions.

2019: On the recommendation of the experts, the Higher Regional Court of Hamm has made a request to the State of Peru to be allowed to inspect the premises that are the subject of the lawsuit. The Court is at present awaiting response from the competent authorities, which can take quite some time to process.

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.

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.

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.

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

13.11.2017: The appeal at the Higher District Court Hamm is scheduled as an oral hearing.

26.01.2017: Saúl Luciano Lliuya files an appeal before the Higher Regional Court Hamm against the negative ruling of the Regional Court Essen.

15.12.2016: The District Court Essen dismisses the civil lawsuit against RWE.

24.11.2016: The first oral hearing takes place amid great national and international interest – the decision was adjourned.

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.

24.11.2015: Saúl Luciano Lliuya files the lawsuit, which is classified by the District Court Essen as "a legal matter with fundamental significance".

News on the RWE Case

Press Release
Germany: Higher District Court Hamm hears "Climate Suit" against RWE
Pressemitteilung
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.
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News
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.
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Publication
First Climate Lawsuit Against Energy Company Before German Courts
Thumbnail
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.
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News
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.
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Publication
Liability for nuisance caused by climate change
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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.
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Zitat: Kläger Saúl Luciano LLiuya

"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."

- Saúl Luciano Lliuya, 21.03.2015

Donation "Saúl versus RWE - The Case of RWE"