Saúl Luciano Lliuya v RWE - Huaraz Climate Case in Germany rejected
The German district court of Essen dismissed a case that was launched by the Peruvian farmer Saúl Luciano Lliuya. The case is reminiscent of the Dutch Urgenda case, which has been discussed earlier on this blog. Lliuya asked the court to rule in a civil lawsuit that the German energy company RWE, which is based in the city of Essen, has to pay, 17.000 Euros to a Peruvian community to compensate for its pollution, which is leading to climate change. The claim was based on § 1004 German Civil Code ( BGB ), which establishes that subjects interfering with alien property have to take immediate action to intercept the infringement of that property.