Publication
21 March 2018
Cover: Climate Litigation and Loss&Damage

Loss and damage (L&D) due to climate change impacts is already a reality for many people, especially the most vulnerable. So far, there is no prospect of sufficient financial support for dealing with actual L&D within the climate regime (UNFCCC). Where international climate diplomacy doesn’t advance, affected people start to take the legal avenue to address the problem of L&D. Based on this assessment, this paper analyses the status quo of international climate change litigation, revealing how the current court cases are turning an abstract risk of climate claims into a concrete one.

Press Release
30 November 2017
Pressemitteilung
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.

News
23 November 2017
Huaraz FAQ

On this page you can find the answers to the most Frequently Asked Questions about the case of Huaraz.

Press Release
13 November 2017
Pressemitteilung

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.

Press Release
13 May 2017
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."

Press Release
15 December 2016
Pressemitteilung

Today, the Regional Court Essen dismissed the civil suit of Peruvian mountain guide Saúl Luciano Lliuya against RWE. The legal process is likely to continue: Attorney Verheyen announced that her client will “most likely” present an appeal at the Higher Regional Court Hamm.

Press Release
24 November 2016
Pressemitteilung
After the initial hearing at the regional court in Essen, the civil chamber will announce on December 15 whether the first European civil court climate case against a big emitter will proceed to the evidentiary phase. The Peruvian mountain guide Saúl Luciano Lliuya wants to achieve that the energy giant RWE covers a share of the preventative measures against climate effects needed in his hometown.

In the “climate suit” of Peruvian mountain guide and small farmer Saúl Luciano Lliuya against RWE, the regional court in Essen has announced that it will decide on December 15 whether the suit will proceed to the evidentiary phase. Thus it remains unclear whether, for the first time, a German civil court will probe in detail the question to what extent big contributors to climate change must pay for the costs of preventative measures against the risks that others face in the course of global climate change. The claimant Saúl Luciano Lliuya and his attorney Dr. Roda Verheyen (Hamburg) are optimistic. “In an open proceeding, we laid out why our claims are valid and legitimate, and why this is a matter that the regional court must consider”, says attorney Roda Verheyen.