Huaraz Peru
In 2015, a Peruvian farmer filed a lawsuit in the Essen District Court in Germany against the energy company Rheinisch-Westfälisches Elektrizitätswerk (RWE). The plaintiff alleged that the company contributed to climate change by emitting substantial volumes of greenhouse gases and bore some responsibility for the melting of mountain glaciers near the city of Huaraz. This melting led to an increase in the volume of the Palcacocha glacial lake, causing flooding in the area.
The Court dismissed the requests for declaratory and precautionary measures, as well as the request for a declaration of damages, noting the lack of a linear causal chain between the company's GHG emissions and the impacts of climate change.
On February 9, 2017, the German Court of Appeal admitted the complaint, and on November 31, 2017, the Hamm Higher Regional Court decided to hear the appeal, declaring that "there are no doubts about the admissibility and coherence of the claim ." This initiated an evidentiary phase of the proceedings, setting a precedent in legal history, as the case was granted a period for the presentation of evidence aimed at determining whether the flood threats are caused by increased glacial melt (and, in this case, how RWE's greenhouse gas emissions contribute to this risk).
In 2019, the Hamm Regional High Court submitted a request to the State of Peru for authorization to inspect the disputed property in Huaraz. The visit was initially scheduled for 2020 but was delayed due to the global COVID-19 pandemic. In May 2022, judges, legal advisors, and experts appointed by the court traveled to Peru to investigate whether the plaintiff's house and his family were indeed threatened by a potential flood wave from the glacial lake Palcacocha, located 4,500 meters above the city. It should be noted that the entire danger zone in Huaraz encompasses an area where approximately 50,000 people live.
Subsequently, an expert report was drafted, and oral hearings were held to discuss it. Finally, on May 28, 2025, the Hamm Higher Regional Court issued its final judgment in the civil case. The judges dismissed the claim , finding, based on the evidence presented, that there was no concrete danger to the plaintiff's property. However, this ruling is considered historic because it marks a turning point in climate justice. The judgment establishes that the world's major emitters can be held liable for the climate damage they have caused under the German Civil Code.
The ruling marks a milestone and will give impetus to climate lawsuits against fossil fuel companies and, consequently, to the global phase-out of fossil fuels. The ruling demonstrates that major emitters can be held liable under civil law because they contribute significantly to climate change through their greenhouse gas emissions.
The plaintiff holds the German company responsible for the deterioration of the Andean natural environment due to its contribution to climate change. The Court reviewed the influence of CO2 emissions generated by RWE and their contribution to climate change, as well as their relationship to the impacts on the Palcaraju Glacier.
The main environmental arguments were: CO2 emissions released by power plants rise into the atmosphere and result in an increase in global temperature. As a consequence, the Palcaraju glacier melts, causing the Palcacocha lagoon to swell.
It is noted that climate change has caused the melting of mountain glaciers near the city of Huaraz, affecting local flora and fauna and leading to an increase in the volume of Lake Palcacocha and subsequent flooding in the area. According to the claimant, anthropogenic climate change is the main factor in the glacial collapse in the Peruvian Andes.
This case made history in 2017 when it entered the evidentiary phase, as it confirmed that, based on German civil law, a private company can be held liable for weather-related damages and risks.
In addition to the evidence, which was described as “overwhelming,” the participation of the local population was also crucial. To this end, several meetings were held in different communities with the local NGO Wayintsik. The on-site hearings made the risks of global climate change for Saúl Luciano Lliuya and the city of Huaraz abundantly clear.
The farmer and mountain guide Saúl Luciano Lliuya.
German company RWE.
Palcacocha, the glacial lake located above Huaraz, has experienced a substantial increase in volume since 1975, which has accelerated since 2003, due to the melting of mountain glaciers near the city, a consequence of climate change. The population is estimated at 120,000 people. Approximately 50,000 people live in the at-risk zone. The risk of mudslides primarily affects the urban area, which revolves around tourism, commerce, services, and other economic activities.
- Peruvian Code of Civil Procedure.
- German Civil Code
- Law on protection against the harmful environmental effects of air pollution, noise, vibrations and similar processes (BImSchG)