Germany: Court sets precedent in climate ruling that major emitters can be held liable for climate risks
"The precedent of Saúl v. RWE", 28 May 2025
On May 28, 2025, the Higher Regional Court of Hamm delivered a landmark ruling in the climate lawsuit brought by Peruvian farmer and mountain guide Saúl Luciano Lliuya against German energy giant RWE—setting a powerful precedent that reaches far beyond his individual case. For the first time in history, a high court in Europe has ruled that major greenhouse gas emitters can be held liable under civil law for the specific consequences of the climate crisis. Although the court ultimately dismissed Saúl Luciano Lliuya’s claim, its reasoning represents a significant breakthrough in climate litigation.
Key aspects of the Court's Ruling:
The court clarified that civil claims relating to the impacts of climate change fall within the judiciary’s purview and do not ininge on the domain of politics or violate the principle of separation of powers. While the climate crisis requires political solutions, courts are fully competent to adjudicate individual civil claims for injunctive relief or damages. Such legal scrutiny is not only permissible but a constitutional function of civil justice.
The complexity of climate change does not prevent liability: The decisive factor for causality is that RWE’s power plants have contributed significantly to the increase in global greenhouse gas concentration and that the danger in question is a consequence of climate change.
Foreseeability since 1958: The court notes that the risks associated with greenhouse gas emissions have been scientifically evident since at least 1958, when Charles D. Keeling began documenting the steady rise in atmospheric CO₂ linked to human activity...
Liability as a Reflection of a Values-Based Legal Order: Holding major emitters liable is not a competitive disadvantage for Germany. On the contrary, it reflects a values-based legal system. It is increasingly evident that this approach is becoming a competitive advantage: major emitters that take responsibility for their societal impact and move away om fossil fuels today are positioning themselves for the future.
A permit is not a carte blanche to cause harm [...] one sentence summary