Yahoo – AFP,
Daphne Rousseau with Tom Barfield in Frankfurt, November 30, 2017
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| Peruvian farmer Saul Luciano Lliuya claims energy giant RWE must share the cost of protecting his hometown from a swollen glacier (AFP Photo/ PATRIK STOLLARZ) |
Berlin
(AFP) - A German court ruled Thursday that it would hear a Peruvian farmer's
case against energy giant RWE over climate change damage in the Andes, a
decision labelled by campaigners as a "historic breakthrough".
Farmer Saul
Luciano Lliuya's case against RWE was "well founded," the court in
the northwestern city of Hamm said in a statement.
Lliuya
argues that RWE, as one of the world's top emitters of climate-altering carbon
dioxide, must share in the cost of protecting his hometown Huaraz from a
swollen glacier lake at risk of overflowing from melting snow and ice.
RWE's power
plants emitted carbon dioxide that contributed to global warming, increasing
local temperatures in the Andes and putting the father of two's property at
risk from flooding or landslides, Lliuya argues.
"Even
people who act according to the law must be held responsible for damage they
cause to property," the judges said.
Now the
court must decide whether "the accused's contribution to the chain of
events depicted here is measurable and calculable," they added.
"This
is a major success not just for me, but for the people of Huaraz and everywhere
in the world threatened by climate risks," Lliuya said in a statement
circulated by NGO Germanwatch.
He wants
RWE to pay 17,000 euros ($20,000) towards flood defences for his community in
Peru's northern Ancash region.
The
37-year-old also wants the German company to reimburse him for the 6,384 euros
he himself has spent on protective measures.
Lliuya
bases his claims on a 2013 climate study which found that RWE was responsible
for around 0.5 percent of global emissions "since the beginning of
industrialisation".
The court
said in the statement that it would choose experts to evaluate the claim in
cooperation with both plaintiff and defendant, with Lliuya paying some 20,000
euros in fees up front.
"It
will be up to the experts to quantify (RWE's) role, which could be
different" from the amount he claims, the judges said.
'Can't be
accountable'
After an
initial hearing in mid-November, the Hamm court gave both sides until Thursday
to provide further arguments to help them decide whether the case should go
ahead.
The
decision to hear the case is a "historic breakthrough with global
relevance," Germanwatch, which has backed Lliuya's claim, said in a
statement.
"Major
emitters of greenhouse gases can be held responsible for protective measures
against climate damage."
For RWE's
part, "we still believe that one single emitter can't be held accountable
for something that was contributed to from millions of sources and factors
worldwide," the energy giant's spokesman Guido Steffen told AFP after the
ruling.
"We
realise that (Lliuya) is afraid for the safety of his land, but we think it's
up to the authorities where he lives to defend it from acute dangers."
He added
that RWE would appeal any ruling against it to Germany's highest court.
A lower
court in the German city of Essen, where RWE is based, initially found that the
lawsuit against the energy giant was unfounded.
The company
has in the past said it did not understand why it has been singled out for
legal action, stressing the efforts it had made to become more environmentally
friendly.
As well as
modernising its coal-fired power plants to reduce CO2 emissions, RWE has
invested billions in renewable energy as part of Germany's move away from
fossil fuels, it says.
Shares in
RWE plunged on Germany's DAX index of blue-chip shares following the news,
closing down 1.94 percent.
The
Peruvian's case comes at a time when German politics is sharply divided over
how to balance climate action against economic growth.
A
government-directed "energy transition" to renewables, rather than
nuclear power and fossil fuels, is making only halting progress, while
environmentalists are pushing the country's powerful auto industry to produce
less polluting vehicles after a series of scandals.
Climate and
energy policy was among the most bitterly disputed issues in three-way
coalition talks between Chancellor Angela Merkel's conservatives, the
pro-business Free Democrats and the ecologist Greens before they broke down
this month.
















