Sometimes the world is not only Good against Evil. Anyway, not to blame not so easy to determine, assign, or even to quantify – even when it comes to the effects of climate change.
A farmer from Peru failed in an action for damages due to climate damage against the energy giant RWE. “The lawsuit is rejected,” said the judge at the Essen district court, Klaus Werner Krüger. The applications were partly allowed, or unfounded. The farmer Saúl Lliuya calls from RWE EUR 17,000 for protective measures against the Overflow of a glacier lake above his home town of Huarez. The cause for the melting of the climate change, have contributed to RWE, its coal-fired power plants. The Essen-based group should participate in the costs according to its share of the global carbon dioxide emissions. The farmer is supported by the environmental organization germanwatch.
The court came to the conclusion that the plaintiff must designate would have the share of RWE in the global greenhouse gas emissions themselves, rather than ask the court to estimate. RWE have to pay in addition to a “Municipality of the merger Waraq” 17,000 euros for protective measures, it was unclear what it was exactly. The alternative claim of the farmer, according to RWE should himself pay around 6300 euros for already taken self-help measures remained without success. It remained open, whether or not a flood risk. “A flood is a risk, however, would be of RWE AG, not individually attributable to you.” Finally, there is a countless number of emitters of greenhouse gases. It is not a linear causation chain between the source of the greenhouse gases and the damage.
RWE is one of the largest carbon producers in Europe. The group generates a majority of its electricity from coal-fired power plants. He stands, therefore, for years of criticism from environmentalists, who are demanding a rapid phase-out of coal-fired generation and brown coal mining.
plaintiff-lawyer Roda Verheyen criticized the reasoning of the court. “I am of the opinion that the court has taken the step a little too short. And I’m pretty sure my client will go to consultation, of course, in the appeal." The disappointment over the judgment, believe in borders, because of the possibility of a lawsuit had passed the dismissal. “A fair legal fight sometimes goes through multiple instances.”
RWE expressed satisfaction over the verdict. “It has confirmed that according to the German civil law of a single Issuer may not, in General, caused a global-acting processes, such as climate change held liable.” The group support the German and European climate protection goals by 2050. “The reduction of CO2 emissions for RWE’s high priority.”