ESG Enforcement Tracker

Key facts:

Saúl Luciano Lliuya, a Peruvian farmer, brought a claim that RWE’s global emissions contributed to the melting of glaciers in Peru, which in turn threatened his hometown and property with flooding. Mr Lliuya sought compensation of £14,250 as a percentage of the cost of a flood defence project.

Mr Lliuya stated that he had singled RWE out on the basis of a 2013 database that tracked historic emissions from major fossil fuel producers and listed RWE as one of the biggest polluters in Europe.

Whilst the German lower court dismissed the claim in 2015 citing no “linear causal chain” an appeal was permitted in 2017. Following delays due to COVID and a multi-day site visit to Peru in 2022, on 28 May 2025, the appeal court dismissed the plaintiff’s appeal. The judgment is final with no further appeals permitted.

The Presiding Judge found that whilst Mr Lliuya could have a claim, and the geographical distance was not sufficient to declare the lawsuit unfounded, the evidence did not show there was a flood risk that would be damaging to his property. RWE’s argument that if Mr Lliuya was successful the floodgates would open, was expressly rejected.

In a statement RWE confirms it’s decarbonising its business and will be net zero by 2040.