Groundbreaking climate ruling against RWE: Major emitters can be held liable for climate risks
Hamm (May 28, 2025). The Higher Regional Court of Hamm made legal history today. In a 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.
Although the court dismissed the specific claim – finding the flood risk to Luciano Lliuya’s home was not sufficiently high – it confirmed for the first time that major emitters can be held liable under German civil law for risks resulting from climate change. This sets a legal precedent with far-reaching implications, potentially influencing similar cases in countries like Switzerland and Belgium, and applicable in other jurisdictions such as the UK, the Netherlands, the USA or Japan.
Despite the fact that the court did not follow the scientific assessments presented by the plaintiff, the decision shifts the dial for climate litigation and the rights of those affected by the climate crisis.
Dr. Roda Verheyen, lawyer for Luciano Lliuya: “For the first time in history, a higher court in Europe has ruled that large emitters can be held responsible for the consequences of their greenhouse gas emissions. German civil law is applicable in the context of the climate crisis. It is true that the court itself did not consider the flood risk for my client to be sufficiently high. But one thing is clear: today's ruling is a milestone and will give a tailwind to climate lawsuits against fossil fuel companies, and thus to the move away from fossil fuels worldwide. The plaintiff is grateful to the German courts for the seriousness with which his case was treated.”
Saúl Luciano Lliuya: “Today the mountains have won. My case has shifted the global conversation about what justice means in an era of the climate crisis, and that makes me proud. This ruling shows that the big polluters driving the climate can finally be held legally responsible for the harm they have caused. I am, of course, disappointed that the court reached a different conclusion from the glacier scientists who have studied this region for decades and believe my home is at risk. We won’t receive support from RWE to protect us from the flood risk for now. But this case was never just about me. It was about all the people who, like us in Huaraz, are already living with the consequences of a crisis we did not create. This ruling opens the door for others to demand justice.”
Major emitters now face serious financial risk
Christoph Bals, Chief Policy Officer at Germanwatch: “We are proud to have supported Saúl and the people of Huaraz in achieving this important ruling. It sends a powerful signal: pressure on the fossil fuel business model has increased. For major emitters, today's decision means financial markets must now reassess the risks linked to their greenhouse gas emissions. Policymakers need to act quickly and ensure that major emitters pay for the damage they cause and the cost of protecting communities, in line with the polluter pays principle. That would be the most effective way to help Saúl and the people in Huaraz.”
Klaus Milke, Chairman of the board of Stiftung Zukunftsfähigkeit, adds: “We are delighted to have supported the plaintiff from the very beginning. It has been a long journey, but every step has been worthwhile. Saúl has made legal history. His lawsuit has already helped improve protection for local people compared to ten years ago. We will now look at how we can continue to support Saúl and the people there in protecting them from the consequences of climate change.”
The environmental and development organisation Germanwatch supported the lawsuit with press and public relations work. Stiftung Zukunftsfähigkeit covered the costs of expert opinions, legal fees, and court proceedings, and has also appealed for donations. Saúl Luciano Lliuya would not have been able to pay the lawyer's, expert's and court costs without this support.
Judgement with implications beyond Germany
Because similar legal provisions exist in other countries, the implications of this ruling go far beyond Germany. With advances in climate science and a growing number of precedents, courts around the world could be following soon. Inspired in part by Saúl Luciano Lliuya's lawsuit, there are an increasing number of climate lawsuits around the world. In more than 60 cases, polluters are currently being sued for their role in the climate crisis. More than half of these are directly against fossil fuel companies. Research suggests that 25 of the world's largest oil and gas companies could be liable for up to 20 trillion dollars in climate damage for their emissions between 1985 and 2019.
More detailed explanations on the legal classification and transferability of the judgement to other cases worldwide will be available here