We have tracked the first major piece of Climate Change litigation in Germany, an action by Peruvian farmer Saul LLiuya against German energy company RWE, since it was started in November 2015. Here’s a recap of what happened so far:
Tag: Oberlandesgericht Hamm
Human Rights Litigation: Hamm Court Of Appeal Confirms Judgment Dismissing Action of Pakistani Textile Workers
We have tracked this case in previous posts: In what appears to be the first action of this kind, victims of a fire in a Pakistani textile factory, with the support of an NGO, brought an action against a German textile importer for damages, seeking to establish its liability as part of the supply chain. Kik, a German textile retailer, allegedly was one of the major customers of that factory. The Court of Appeal (Oberlandesgericht) Hamm has confirmed the lower court’s judgment dismissing that action. Read More
Cologne Court of Appeals: Jurisdiction for Arbitration Matters in North Rhine-Westphalia
Federal states (Bundesländer) with more than one court of appeals (Oberlandesgericht) have the option to assign jurisdiction in arbitral matters to one of these courts pursuant to Section 1062 para. 5 German Code of Civil Procedure (ZPO). The idea is to increase the level of expertise and specialization of the judges. Read More
Climate Change Litigation: Hamm Court of Appeals to Take Evidence in LLiuya vs. RWE
We had reported on the first instance proceedings in the Essen District Court (Landgericht) brought by Peruvian farmer Saúl Lliuya against German energy giant RWE, which resulted in a dismissal of Lliuya’s claim to hold RWE liable for climate change-related damages he might suffer. LLiuya owns property in Huaraz, Peru and argues that this property is exposed to a high risk of flooding and earth slides as a result of the local glacier melting and the water volume in a lagoon above his property increasing dramatically. Read More