El caso Huaraz: David contra Goliat o «Saúl L. contra RWE AG»Un precedente clave en la justicia climática

Abstract

The aim of this paper is to provide some analysis of the effects of the first international climate litigation case in the European Union from the point of view of Private International Law and substantive law. It is the first civil lawsuit for harmful consequences of climate change allowed to proceed and move to the evidentiary phase on appeal by the Civil High Court of Hamm (Germany). The plaintiff, Saúl Lluiya, a Peruvian citizen, asks RWE AG, the German parent company of the corporation which is responsible for 0,47% of CO2 global emissions, to bear the costs of protection measures against a highly likely glacial outburst flood from the glacial lake Palcacocha (Perú), which would affect his property. The Court of Hamm set out in great detail why the claim is founded in law and therefore why it must proceed, admitting the possibility of partial responsibility of RWE as long as science is able to prove partial causation. The reasoning of the court is already a major breakthrough with respect to climate justice litigation and civil liability, as it will be explained.