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Note: This page is outdated and is no longer updated regularly.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.

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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
24 November 2016
Climate suit against RWE: Regional court will decide on December 15
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.
» Weiterlesen
Press Release
03 June 2016
The Case of Huaraz: RWE denies responsibility for climate damages in the Andes – court hearing this autumn
Pressemitteilung
The Peruvian mountain guide Saúl Luciano Lliuya is demanding that the Essen Regional Court in Germany order the energy firm to pay for safety measures to protect his home town. Climate change has caused a glacial lake to fill up to the brim, threatening to flood the city of Huaraz.
Representing RWE, the law firm Freshfields Bruckhaus Deringer has filed its first response to a civil suit filed by the Peruvian small-scale farmer and mountain guide Saúl Luciano Lliuya. The german firm denies responsibility for climate change impacts in the Peruvian Andes. In the written statement, the lawyers claim that RWE has no liability under German civil law. The claimant Saúl Luciano Lliuya expected such a reaction and is determined to pursue his case at the Essen Regional Court (Germany) in a hearing this autumn with his Hamburg lawyer Dr. Roda Verheyen: “RWE needs to take responsibility for its emissions. We in Peru have hardly made any contribution to climate change, but we live with the worst consequences.”
» Weiterlesen
Press Release
24 November 2015
Peruvian farmer sues German utility RWE over dangers related to glacial melting
Pressemitteilung
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. Climate change has caused the glacial lake to quickly grow in size, making it a risk for the Andean city of 120,000.
» Weiterlesen
Press Release
16 March 2015
Melting glaciers: Peruvian requests German utility RWE to pay for protective measures
Pressemitteilung
It is the first time in Europe that one of the world’s largest polluters is prompted to pay for the safety of a person at risk of climate change consequences
A person affected by climate change has made the unprecedented move to launch a claim against a European carbon major, demanding that the company contribute to urgently needed protective measures: Peruvian citizen Saúl Luciano Lliuya, with the help of the renowned environmental lawyer Dr. Roda Verheyen (Hamburg), demands payment for safety works from German utility RWE. Mr Luciano Lliuya’s property as well as large parts of his hometown Huaraz are prone to a so-called glacial lake outburst flood from Lake Palcacocha located upstream from the city.
» Weiterlesen

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"