ARTICLE
26 March 2025

German Landmark Climate Change Litigation Case Continues

JD
Jones Day

Contributor

Jones Day is a global law firm with more than 2,500 lawyers across five continents. The Firm is distinguished by a singular tradition of client service; the mutual commitment to, and the seamless collaboration of, a true partnership; formidable legal talent across multiple disciplines and jurisdictions; and shared professional values that focus on client needs.
A Peruvian farmer's climate action lawsuit against a German energy company was continued last Monday and yesterday before the Higher Regional Court in Hamm, Germany
Germany Environment

A Peruvian farmer's climate action lawsuit against a German energy company was continued last Monday and yesterday before the Higher Regional Court in Hamm, Germany. The farmer wants the energy company to pay the cost of protecting him against the dangers posed by a glacial lake that threatens to overflow due to global warming, to the extent of its share of global CO2 emissions.

According to press reports, the subject of this week's hearings was the question of the extent to which the farmer's property is actually exposed to a threat from the lake. In a second step, the Higher Regional Court of Hamm will examine whether the CO2 emissions of the energy company are responsible for the increase in the lake's water level. The Court of First Instance dismissed the action without taking evidence.

If successful, the Peruvian farmer's lawsuit would have far-reaching consequences for all major CO2 emitters in Germany. The energy company could have any decision of the Higher Regional Court of Hamm in favor of the Peruvian farmer reviewed by the German Federal Court of Justice.

This case must be seen in connection with similar lawsuits against oil companies in the Netherlands (see Landmark Climate Change Case Overturned) and the United States. We will continue to watch this case and to provide updates.

The case, which began a decade ago and is now being heard in Hamm in Germany, could deliver a landmark ruling if the court holds the company accountable for past emissions and requires it to help fund climate adaptation for affected communities.


The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More