“Saúl Luciano Lliuya vs. RWE: climate lawsuit to be heard in March”, 4 February 2025

After more than nine years, the climate lawsuit, which has gained worldwide attention, is about to take a decisive procedural step.

… court hearing on the case of Saúl Luciano Lliuya from Peru against the German energy company RWE will take place on March 17 and 19 at the Higher Regional Court of Hamm (OLG Hamm). The case,... shaped the legal discourse on corporate accountability because it adresses the question whether companies with high emissions can be held accountable for protecting those affected by climate risks. The hearing will focus on the flood risk at Lake Palcacocha increasing due to climate change and the potential threat to the plaintiff's house. Central … will be the assessments of the experts commissioned by the court and the parties. …

Saúl Luciano Lliuya states: "... This is not just about my family and me. Around 50,000 people live in the area likely to be heavily impacted by a large flood wave. …

Saúl Luciano Lliuya aims to have RWE contribute to protective measures … proportional to RWE's share of global emissions – according to studies, this is 0.5 percent, corresponding to approximately €17,000 for the measures at the lake. Climate change-induced glacial melting as well as falling debris and ice have been causing the water level of Lake Palcacocha to rise dangerously for years. A rock fall caused by melting permafrost or an avalanche into the lake could lead to a devastating flood wave...

This civil lawsuit, based on Paragraph 1004 of the German Civil Code, breaks new legal ground. It aims to answer the question of whether, in light of the climate crisis, the world's largest emitters must proportionally finance protection for people affected by the consequences…