The climate case
Historic ruling
Groundbreaking climate ruling against RWE: Major emitters can be held liable for climate risks
The Higher Regional Court of Hamm made legal history. In the ruling on the civil case brought by Peruvian mountain guide Saúl Luciano Lliuya against German energy giant RWE, the judges confirmed that major emitters can be held liable under German civil law for the consequences of climate change.
Saúl Luciano Lliuya vs. RWE
Saúl Luciano Lliuya - an Andean farmer and mountain guide from Peru - and with him more than 50,000 inhabitants of the Andean city of Huaraz are acutely threatened by a flood wave due to the consequences of global warming. A glacial lake above the city has grown threateningly due to glacial melt. An ice avalanche could cause the lake to overflow and trigger a destructive tidal wave.
Saúl Luciano Lliuya decided to take initiative. On November 24, 2015, he filed a lawsuit against the energy company RWE in a German civil court. As one of the largest CO2 emitters in Europe, RWE is partly responsible for the climate crisis and the threat posed by the flood wave in Huaraz.
Saúl Luciano Lliuya is concerned about the urgently needed protection for himself, his family as well as the people in Huaraz, who have contributed little or nothing to the climate crisis.
The major polluters of climate change must finally face up to their responsibilities.
Saúl Luciano Lliuya
“A man who takes responsibility”
Climate change plaintiff Saúl Luciano Lliuya at a demonstration.
Luciano Lliuya’s lawsuit has had a signal effect like no other climate lawsuit, as it is the world’s only such case involving corporate liability for climate risks to make it to an evidentiary hearing, thus already making legal history.
Luciano Lliuya is not a lone fighter. He represents a growing number of people who, faced with inadequate political and corporate responses to the climate crisis, are increasingly turning to the world’s courts and demanding climate justice. Their lawsuits give a voice to those whom climate impacts particularly affect, even though these people have contributed little to not at all to the climate problem.
- Help the plaintiff and the people of Huaraz reduce the risk of destructive flooding.
- Hold polluters like RWE accountable and encourage them to adopt less-damaging business models.
- Bring about national and international political solutions to protect the people most affected by climate change.
In addition to the lawsuit, an important goal of Luciano Lliuya is to raise awareness about climate change. The dramatic extent of glacial melt is visible to everyone in his region, but some lack knowledge about the scientific connection. Adapting to climate change is a challenge for many people, especially in the agricultural sector. To address these issues, Saúl Luciano Lliuya is working with the local NGO Wayintsik-Perú, which in Quechua means "Our home", together with the people who accompany him in his struggle. This NGO carries out projects to raise awareness about climate change and supports local communities in adaptation processes.
News
Aktuelles
Climate lawsuit Saúl vs RWE: “A historic ruling that can serve as a guide for courts around the world” – Interview
In principle, large emitters can be held accountable for climate risks. This was the ruling handed down by the Higher Regional Court on May 28 in the climate lawsuit brought by Saúl Luciano Lliuya against RWE. The court has thus made legal history. However, Saúl’s lawsuit was dismissed because the court did not consider the flood risk to his property to be sufficiently high. Francesca Mascha Klein, legal advisor for strategic litigation, has accompanied the proceedings and explains in this interview why the ruling is an important precedent.
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New era of accountability
The ruling by the Hamm Higher Regional Court in the Lliuya v. RWE case has made legal history. For the first time, a German court has recognized that a company can be held liable under civil law for its contribution to the global climate crisis - even across national borders. Here you can read all the important legal points from the judgment of May 28, 2025.
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The most important aspects of the decision
On May 28, 2025, the Hamm Higher Regional Court (OLG) issued a historic ruling in Saúl Luciano Lliuya's climate lawsuit that goes far beyond the individual case.
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Groundbreaking climate ruling against RWE: Major emitters can be held liable for climate risks
Saúl Luciano Lliuya v. RWE: Judges at the Higher Regional Court of Hamm have ruled that German civil law can be used to hold major emitters liable for the effects of climate change — a decision that extends protection to those impacted worldwide.
read moreVoices on the case
Statments
Ing. César A. Portocarrero RodríguezThe lawsuit is fair
"The lawsuit is only fair considering that people in developing countries are suffering the severe consequences of the rampant development drive of the so-called developed countries".
David DresenEs geht um unsere gemeinsame Umwelt!
"I am very grateful for Saúl's commitment and I sincerely hope that he wins. This case shows that we are all globally connected because it is our shared environment and livelihood that is at stake."
Prof. Dr. Mojib LatifGroundbreaking model lawsuit
"The test case shows where the journey is going. Anyone who pollutes the environment excessively will be called to account. Only sustainable business models will be profitable in the future."
Luisa NeubauerOur solidarity knows no boundaries
"I support Saúl and his complaint. In a world where emissions cross all borders, our solidarity and collective action must be able to do the same. That is why we are fighting for this together."
Dr. Roda VerheyenA historical case
"This case is already historic from a legal perspective. No other comparable climate lawsuit in the world has reached such an advanced stage in the process. No other court in the world has recognised that large emitters can be fundamentally responsible for the consequences of climate change."
Prof. Dr. Christian HuggelA case with signal effect
"The case is rightly described internationally as a milestone in the climate debate in general and climate litigation in particular. In addition to being a signal effect to the fossil fuel industry, the case accelerates the complex and multidimensional debate about how we deal with the responsibility of climate change impacts, from local to global levels. And how we in science can best contribute to it."
Network
Netzwerk / Partner
An alliance of organisations from Germany and Peru accompany and support the plaintiff, raise awareness about climate change and support those affected by the climate crisis in Peru.