Case - Germany - Luciano Lliuya v RWE AG GmbH

Luciano Lliuya v RWE AG GmbH

Summary of facts

Climate change threatened the overflow of a glacial in the city of Huaraz, risking floods and threatening the house of Peruvian farmer Saúl Luciano Lliuya and 50,000 other inhabitants. In 2015 Mr. Lliuya filed a complaint letter against RWE, a German energy company and major CO2 emitter, concerning the impact of its emissions on climate change and filed a lawsuit in German courts.

Timeline

2018 Higher Regional Court of Hamm (Court of Appeals)

Jurisdiction

Yes

Applicable Law

German Civil Code

Legal issues

The plaintiff argues the Essen Regional Court misjudged the issue of causality because he can prove a causal chain between RWE’s CO2 emissions and the threats posed to his property by a possible flood caused by glacial avalanches.

Ruling / Outcome

In 2017, the Court of Appeal confirmed it would hear the case.
In 2018, the Court stated climate damages can trigger corporate liability and that it would consult experts to determine whether or not there is a serious threat of impairment to the plaintiff’s property.
Ongoing.

2016 Essen Regional Court

Jurisdiction

Yes

Applicable Law

German Civil Code

Legal issues

The case concerns the company’s global operations.
The plaintiff sought RWE to pay around €17,000 equivalent to 0.47% of the estimated repair cost because the Institute of Climate Responsibility’s estimates RWE is responsible for 0.47% of global warming emissions from 1751 to 2010.

Ruling / Outcome

Dismissed 2016: plaintiff did not establish that RWE was legally responsible for protecting Huaraz from flooding (para 1004 German Civil Code).
The plaintiff appealed the decision.

Court case