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 "RWE Case" at a glance:
2022: There is renewed momentum in the RWE case: In the (early) summer, the Higher Regional Court of Hamm will conduct a site visit in Huaraz. During the on-site visit, which had been delayed since 2019 due to the Corona pandemic, the 1st question of proof is to be reviewed: Experts will examine whether the plaintiff Saúl Luciano Lliuya's house is actually threatened by a flood wave from the glacial lake. Saúl Luciano Lliuya is happy that things are now moving forward.
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".
In the trial of the Peruvian mountain guide Saúl Luciano Lliuya against the energy company RWE before the Higher Regional Court of Hamm, the court has now announced that it will select the experts for the taking of evidence itself.
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.
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.
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.
On this page you can find the answers to the most Frequently Asked Questions about the case of Huaraz.
"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."