Hamm, , (EFE).- A German court on Wednesday dismissed a landmark lawsuit filed by Peruvian farmer and mountain guide Saúl Lliuya against energy giant RWE, the German international multi-energy company, over its contribution to climate change and the melting of a glacier near his hometown in the Andes.
Despite the loss, the ruling is being hailed as a legal milestone that could pave the way for future climate-related litigation against major carbon emitters.
The Higher Regional Court of Hamm ruled that Lliuya’s home in the city of Huaraz does not face a concrete or immediate threat due to the retreat of the Palcacocha glacier.
The court cited expert analysis indicating only a 1% probability of damage to the property in the next 30 years.
“If an overflow of Lake Palcacocha were to occur, the resulting flood wave would reach the claimant’s home with only a few centimeters of water, posing no real structural threat,” said Judge Rold Meyer, who presided over the case.
The lawsuit, filed in 2015 and appealed successfully in 2017, marked the first time a private individual attempted to hold a corporation legally able for its share of global CO₂ emissions.
Lliuya had demanded that RWE pay 0.5%, an amount he claimed reflected its historical share of global emissions, of the roughly 20,000 dollars needed to fund protective infrastructure around the glacial lake.
While the court ruled against him, the decision acknowledged that Article 1004 of the German Civil Code could apply in future cases if a stronger risk of damage were demonstrated.
This interpretation was seen by Lliuya’s legal team and climate advocates as a significant breakthrough.
“The court has torn down a wall and accepted our argument,” said Roda Verheyen, Lliuya’s attorney. “It opens the door for affected communities worldwide to pursue legal claims against polluters.”
The ruling has been closely watched by legal experts and environmental organizations, who view it as a serious attempt to establish legal liability for climate change-related damage.
“This is more than a lawsuit about one house. It’s about global justice,” Verheyen told EFE.
Lliuya, who followed the hearing remotely from Huaraz, expressed mixed emotions.
“I’m happy about the precedent, but a little sad because just a few days ago, there was a minor landslide caused by melting ice. This is happening because of climate change,” he said in a video call with his legal team and Germanwatch, an environmental NGO ing his case.
RWE welcomed the ruling. “Today was a good day,” said Matthias Beigel, spokesperson for the company’s communications department. “The lawsuit had no legal basis. The attempt to establish precedent against major CO₂ emitters has failed.”
Beigel warned that such lawsuits could pose a threat to ’s industrial sector and emphasized that individual companies should not be held liable if they comply with existing environmental regulations.
Despite the outcome, environmental advocates say the case has laid important groundwork.
“The court may have dismissed the claim, but it also said something future plaintiffs can build on,” said Verheyen.
For now, the judgment is final and cannot be appealed. EFE
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