Peruvian Farmer Challenges RWE in German Court Over Climate Damage Liability

Saul Luciano Lliuya, a Peruvian farmer, is pursuing a legal case against RWE in Germany, claiming that the company must compensate for climate change damages impacting his community. He argues that RWE’s emissions contribute to risks from a nearby glacier lake. The case raises significant questions regarding corporate accountability for climate change and its implications under German law.

A Peruvian farmer, Saul Luciano Lliuya, is engaged in a significant legal battle against the German energy giant RWE, claiming that the company should compensate for climate change-induced damages affecting his hometown, Huaraz. He contends that RWE, being a substantial emitter of carbon dioxide, bears partial responsibility for the escalating flood risks from a glacier lake near his community, arguing for the firm to contribute €17,000 towards necessary flood defenses.

The case has progressed gradually since its inception, with Lliuya initially filing a lawsuit in 2015, which was dismissed by a lower court the following year. However, an appeal was permitted by a higher court in Hamm in 2017, and hearings are finally being conducted now, nearly eight years later, with Lliuya present at the hearings.

Central to the case is whether Lliuya’s property is under significant threat from flooding, as determined by experts who evaluated the region in 2022. Should the risk be confirmed, further discussions will focus on RWE’s accountability. Lliuya bases his claim on a 2014 study indicating RWE’s share of global emissions since the industrial era is 0.47 percent.

RWE, specializing in diverse energy sources including solar and wind, opposes the claim, fearing that a verdict favoring Lliuya could create a precedent for accountability under German law for environmental damages globally. They maintain that establishing a direct link between emissions and particular damage is legally unsound.

Legal experts indicate that the Hamm hearing could challenge prior rulings, amidst a growing global trend of climate-related legal actions. The law firm representing RWE emphasizes the potential ramifications: “The sum in dispute may be less than 20,000 euros. But the precedent-setting potential is clear.”

Saul Luciano Lliuya’s case against RWE highlights the increasing intersection of climate change accountability and corporate responsibility. The prolonged legal proceedings emphasize the challenges faced by individuals seeking justice against large corporations. This landmark case may redefine the interpretative boundaries of environmental responsibility under German law, potentially influencing future climate-related litigations worldwide.

Original Source: www.rfi.fr