Lliuya v. rwe: A Leap Forward for Private Climate Litigation?

Abstract This case note examines the judgment issued by the Higher Regional Court of Hamm, Germany, regarding the claim brought by the Peruvian individual Saúl Lliuya against the multinational energy company rwe . It analyses the most noteworthy aspects of the judgment, highlighting causation and the relationship between public and private law. Furthermore, it discusses the implications of the judgment for climate change litigation in Germany and beyond. The case note argues that Lliuya represents a step forward for climate change litigation by determining a legal approach for establishing liability of major emitters for climate change impacts. This notwithstanding, the judgment’s long-term relevance depends on courts drawing inspiration from the approaches advanced in it.