RWE vs Anden-Bauer: Court Delivers Judgment - Court renders verdict in initial trial case
On May 28, 2025, the Higher Regional Court of Hamm made a groundbreaking decision in a climate change lawsuit brought by Peruvian farmer and mountain guide Saúl Luciano Lliuya against the German energy corporation RWE. The lawsuit centered on the potential threat of a flood wave from the Palcacocha glacial lake, which Lliuya attributed to climate change exacerbated by RWE's greenhouse gas emissions.
In a significant move, the court rejected Lliuya's appeal, stating that there was no imminent danger to his property. Expert analysis showed a 1% probability of a flood risk to Lliuya's property over the next 30 years [2].
However, the court confirmed for the first time under German civil law that major emitters like RWE can be held liable for the consequences of climate change. This ruling sets a legal precedent with far-reaching implications [3].
While Lliuya's specific claim was not upheld, the ruling acknowledges the potential liability of major emitters for climate-related risks under German law. This decision is seen as a milestone for climate litigation. It recognizes the potential for fossil fuel companies to be held responsible for climate-related damages, potentially influencing similar cases in other jurisdictions [3].
However, attempts by NGOs to create a broader legal precedent for holding companies responsible for global climate change effects under German law were unsuccessful in this specific case [2].
Germanwatch, an environmental organization, considers the lawsuit a "strategic climate lawsuit". Such lawsuits aim to improve climate protection and the protection of fundamental rights, create legal precedents, trigger overdue political decisions, and raise public awareness [1].
Sources:[1] Germanwatch website[2] Reuters, "Peruvian Farmer Loses Climate Lawsuit Against Germany's RWE", May 28, 2025, https://www.reuters.com/business/environment/peruvian-farmer-loses-climate-lawsuit-against-rwe-2025-05-28/[3] Carbon Brief, "First climate damages liability case in Germany ruled on – but with mixed success", May 28, 2025, https://www.carbonbrief.org/first-climate-damages-liability-case-in-germany-ruled-on-but-with-mixed-success
Keywords:- RWE- Climate Change- Higher Regional Court of Hamm- Climate Lawsuit- Peruvian Farmer- Palcacocha- Hamm- Germany- Flood Wave- Greenhouse Gases- Climate Liability- Climate Litigation- Legal Precedent- Saul Luciano Lliuya- Germanwatch
- The Higher Regional Court of Hamm's decision to acknowledge that major emitters like RWE can be held liable for the consequences of climate change could have far-reaching implications in the field of energy policy and environmental science, potentially setting a legal precedent for climate litigation across numerous EC countries.
- The ruling in the climate change lawsuit against RWE in Germany, though not upholding the specific claim of the Peruvian farmer, underscores the potential for fossil fuel companies to be held accountable for climate-related damages, encouraging further climate litigation and driving industry towards more sustainable and environmentally friendly practices.
- In light of the unfolding climate-change crisis, scientific analysis continues to underscore the urgent need for comprehensive energy policies aimed at reducing greenhouse gas emissions, transitioning towards renewable energy sources, and protecting the environment for future generations, with the financial sector playing a significant role in funding these transformative initiatives.
