12 November 2025
One Step Back and Two Steps Forward
In May, after years of litigation, the Higher Regional Court of Hamm rendered its final decision in Lliuya v. RWE AG – a landmark case in which a Peruvian farmer sought to hold the German energy giant RWE financially responsible for measures protecting his property from a potential glacier flood. Although the Court rejected the claim in the end, the judgment has been celebrated as a “success without victory” due to the potential precedent effect in terms of corporate liability. The true significance of the Lliuya v. RWE decision lies not in its dismissal of the plaintiff’s claim, but in the court’s reasoning on extraterritoriality, causality, and preventive protection. Continue reading >>
0 