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In his lawsuit, Saúl Luciano Lliuya demands that RWE contributes to the financing of protective measures at the Palcacocha Glacier Lake in an order of magnitude corresponding to the company's share in the causation of global climate change (approx. 0.5%). The construction of a protective dam at the lake will cost about $4 million. Accordingly, RWE is expected to contribute about $20,000. The company would only have to pay if the project is implemented by the peruvian authorities and the plaintiff is charged with the corresponding costs. Saúl Luciano Lliuya would therefore have to pay the contribution to the protective measures and reclaim the amount from RWE. If it is not possible for legal reasons to obtain a contribution to the measures at the lake from RWE, the plaintiff also demands support for measures to strengthen his house against the flood risk.

It was important to Saúl Luciano Lliuya from the beginning that he did not want to profit from such a lawsuit alone. His aims are:

• in the medium term, to protect his town and the people of Huaraz and the region from the dangers of climate change - the main concern is the risk of glacial flooding; in the longer term, there is great concern that glacier retreat could lead to water shortages,
• to make the local population aware of the existing risks and to develop mitigation and adaptation strategies with them (e.g. in cooperation with the local NGO Wayintsik)
• hold the Peruvian authorities accountable for fulfilling their precautionary and protective duties
• create a legal precedent that other climate change victims can refer to in court and that builds additional pressure on policymakers.

The basis for the claim is Section 1004 of the German Civil Code, the general provision of German civil law for protection against interference with property.

Paragraph 1: If property is interfered with in a way other than by deprivation or withholding of possession, the owner may demand that the interferer remove the interference.

Section 1004 is normally applied in practice in neighbour disputes. In the RWE case, the Higher Regional Court of Hamm ruled that climate change, with its cross-border effects, had brought about a kind of global neighbour relationship. In this case, it is about 10,000 kilometers as the crow flies that separate RWE's headquarters in Essen from the plaintiff Saúl Luciano Lliuya in the Peruvian Andes.

RWE is one of the largest single CO2 emitters in Europe. It is one of the 100 companies that together are responsible for 70% of global greenhouse gas emissions. According to studies, RWE alone is responsible for almost 0.5% of man-made emissions since the beginning of industrialization. RWE is still burning coal today, fueling the climate crisis.

• 2015: Filing of the lawsuit at the Regional Court of Essen, court classifies lawsuit as "case of fundamental importance".
• 2016: RWE denies its own responsibility for climate damage in the Andes and denies the flood risk. In the statement of defense, the lawyers claim that there is no liability under German civil law.
  The Essen Regional Court rejects the claim on the grounds of a lack of "legal causality". Nevertheless, it conceded a possible "scientific causality."
• 2017: Saúl Luciano Lliuya appeals to the Higher Regional Court of Hamm against the negative ruling of the Essen Regional Court.
• During the hearing, the court finds that large emitters such as RWE are fundamentally obliged to support those affected by climate damage in poor countries. The decision to enter the evidentiary fase follows - legal history is written!
• 2018: The Higher Regional Court of Hamm clearly rejects two counter-arguments by RWE's lawyers against the decision to take evidence and repeats: climate damage can give rise to corporate liability.
  Two experts are assigned to work on the assessment on the 1st question of proof: Is there a serious threat of damage to the plaintiff's house property?
• 2019: The Higher Regional Court of Hamm submits a request to the State of Peru to be allowed to inspect the disputed premises in Huaraz.
• 2020: The site visit to take evidence in Huaraz is further delayed by the Corona crisis and the associated travel restrictions.
• 2022: On-site visit in Huaraz. Judges, legal representatives of the plaintiff and the defendant, and court-appointed experts travel to Peru for the investigation of the 1st question of evidence (see FAQ 6).
• 2023: Court appointed expert delivers report on the 1st question of proof.
• 17.03.2025 and 19.03.2025: The oral proceedings at the Higher Regional Court of Hamm took place and the plaintiff, Saúl Luciano Lliuya, travelled to Germany for this purpose.
• 28.05.2025: The Higher Regional Court of Hamm will announce its ruling in the legal proceedings of Saúl Luciano Lliuya against RWE.

RWE is aware of the impact that bearing the costs would cause. In court, lawyers for the company expressed concern that this could trigger a wave of lawsuits against companies. In the lawsuit, RWE's lawyers denied a relevant flood risk in Huaraz and supported funding a questionable scientific study on the issue. RWE also challenged scientifically proven temperature increases in the Andes. Because of multiple objections by the company, the process has been delayed so far.

Germanwatch supported this lawsuit primarily with press and public relations work - in particular because of its nature as a precedent case to clarify the responsibilities for climate change and its consequences, to support people affected by climate change and at the same time to promote pressure for a necessary change in climate policy worldwide. Germanwatch was not a party to the proceedings and did not finance any court or legal costs.

Saúl Luciano Lliuya alone made the decision to take the arduous path of a model lawsuit together with the lawyer. And all further decisions in the proceedings are the sole responsibility of him and his lawyer.