Lliuya v RWE AG

2 O 285/15 (Essen Oberlandesgericht) is a German tort law and climate litigation case, concerning liability for climate damage in Peru from a melting glacier, against Germany's largest coal burning power company, RWE, which has caused approximately 0.47% of all historic greenhouse gas emissions.

Lliuya, a Peruvian farmer from Huaraz, population 12,000, claimed against RWE, Germany's largest electric company, that it knowingly contributed to climate damage by emitting GHG, and was partly responsible for melting mountain glaciers near his town.

RWE was not a 'disturber by conduct' under BGB §1004, and given the number of contributors to climate change, attributing individual damage to specific actors was impossible.

It would go to evidential phase on whether Lliuya's home is (a) threatened by floods or mudslides (b) how RWE contributed.

This is the first case to potentially hold fossil fuel corporations directly responsible in tort for the damage they knowingly cause through releasing greenhouse gases and making profit.