Overview

• On May 28, 2025 the Oberlandesgericht Hamm dismissed Saúl Luciano Lliuya’s appeal after finding that the flood risk from Lake Palcacocha to his Huaraz property was too low to impose liability on RWE
• The court affirmed that under German civil law large CO₂ emitters can in principle be required to finance preventive measures for climate-related threats
• Expert evidence concluded there was only a one percent chance of any water from the glacier lake reaching Lliuya’s house and that any impact would be negligible
• The multiyear litigation and associated expert assessments cost around €800,000, highlighting the complexity and expense of climate damage cases
• Despite the ruling against him, Lliuya’s legal team and environmental groups celebrated the decision for confirming that civil courts can hold major polluters accountable for greenhouse gas emissions