New era of accountability

On May 28, 2025, the Higher Regional Court of Hamm delivered its long-awaited judgment. While the court dismissed Saul Luciano Lliuya’s claim, the decision nevertheless marked a significant success: the court sided with the plaintiff on the legal arguments. It confirmed that major greenhouse gas emitters can, in principle, be held liable for the consequences of the climate crisis.

The written ruling, released the same day, devotes 52 pages (pp. 39–91) to the legal reasoning. It provides detailed clarification on two central aspects: (1) the civil liability of carbon majors for climate-related risks or harm, and (2) a critical examination and rejection of the principal arguments advanced by fossil fuel corporations to contest their liabilityIn its ruling, the Higher Regional Court of Hamm fundamentally affirms the civil liability of major greenhouse gas emitters for climate-related damage. The court underscores that the harmful consequences of fossil fuel-based business models have been foreseeable since the mid-1960s and that substantial contributions to climate change may amount to unlawful interference with property rights—
even where emissions were legally permitted. This sets a significant precedent for pursuing civil claims against large emitters.

This paper gives intsight into the key legal points of the judgement.