Saúl Luciano Lliuya vs. RWE: climate lawsuit to be heard in March

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

[Bonn/Huaraz], [4 February 2025] The long-awaited 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, supported by the environmental and development organization Germanwatch, has captured international attention and 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 at the upcoming hearing will be the assessments of the experts commissioned by the court and the parties. They traveled to the Andean city themselves in May 2022 to obtain their perspective on the situation.

Saúl Luciano Lliuya states: "I am very pleased that my day in court is approaching. 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. When I filed this lawsuit in Germany in the fall of 2015, I didn't think it would take so long." 

Saúl Luciano Lliuya aims to have RWE contribute to protective measures at the glacial lake located about 4,500 meters above the Andean city of Huaraz. The contribution is 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. 

"Climate Lawsuit" against RWE already made legal history with 2017 evidentiary ruling 

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. The lawsuit has already made history: In 2017, the Higher Regional Court ruled that the civil claim against the energy company RWE is legally sound and decided to enter into the evidentiary stage. 

If the court concludes that there is a sufficient flood risk for Saúl Luciano Lliuya’s property, a second evidentiary question must be clarified: to what extent is the risk attributable to RWE’s carbon emissions. 

When the hearing is concluded, the court will likely set a date for the pronouncement of its decision on the first evidentiary question – either a dismissive judgment or a further procedural ruling to adress the second evidentiary question on attribution. 

Germanwatch supports this lawsuit, primarily through press and public relations work. The Stiftung Zukunftsfähigkeit has agreed to cover the costs for the necessary expert statements as well as the plaintiff's legal and court costs. They welcome any donations to continue this important work.

Media representatives are requested to register at Presseakkreditierung@olg-hamm.nrw.de from February 17, 2025 from 1:00 p.m. until February 21, 2025 until 11:00 a.m. (in accordance with the above order).

Information on the lawsuit and press materials can be found here: https://rwe.climatecase.org/en/press 

Press contacts:

Mascha Klein
Legal Officer

Stefan Küper
Press Spokesperson