Climate lawsuit against RWE: Peruvian farmer suffers defeat in the court

Climate lawsuit against RWE: Peruvian farmer suffers defeat in the court

Huaraz, Peru - The climate lawsuit of the Peruvian small farmer Saúl Luciano Lliuya against the German energy group RWE failed at the Hamm Higher Regional Court. The court dismissed the lawsuit because the plaintiff could not prove that RWE is directly responsible for the impending damage resulting from global warming. This decision is the preliminary climax of a legal dispute that has lasted since 2015 and, due to its importance, radiates far beyond Germany. Lliuya had called for RWE to be involved in the costs of necessary protective measures against the risk of floods that could be caused by the Gletschersee Palcacocha in his home region of Huaraz. Ostsee Zeitung reports that the effects of climate warming by greenhouse gas are undisputed, which formed the framework for the legal considerations.

The Higher Regional Court found that the risk of flooding the plaintiff exists due to the abortion or rock fall, but the probability of such a threat is assessed as low. At an oral hearing in mid -March 2023, two experts presented their expert opinion, which showed a probability of only one percent for a serious impairment of the plaintiff within the next 30 years. This would have significantly impaired the basis of the lawsuit, with Lliuya and his lawyers criticized the assessment of the experts as an undervaluation of the risk. Class = "Source_2"> Süddeutsche Zeitung describes how the process has made progress in recent years, especially when the evidence was admitted in 2017, which was seen as progress for comparable cases.

meaning of the lawsuit

The Lliuya lawsuit is considered one of the best -known damage compensation lawsuits in the context of climate change. It raises fundamental questions about the responsibility of large issuers of greenhouse gases as well as the liability concepts in relation to damage caused by climate change. This topic is also discussed against the background of similar procedures that have become more important worldwide since the Paris climate agreement in 2015. Hengeler News emphasizes that the number of climate laws has been doubled between 2020 and today to around 500, where engage.

This lawsuit has implications far beyond the individual case of Lliuya. It deals with the questions of corporate responsibility and the legal risks associated with climate change. There have been first climate lawsuits since the 1980s, but the legal disputes have multiplied since 2015, and there is a clear trend towards more lawsuits against companies and states. The recent decisions in the area of ​​climate lawsuits make it clear that companies could increasingly be held responsible for their emissions.

This means that the Saúl Lliuya climate lawsuit against RWE not only remains a national, but also an international test for future claims in the context of climate protection law and the measures of large companies to reduce their environmental impact.