Luciano Lliuya v RWE AG
Environment analysis: After almost a decade of litigation, on 28 May 2025, the final judgment on Luciano Lliuya v RWE AG (2015) Case No 2 O 285/15 was handed down by the Higher Regional Court (Oberlandesgericht, OLG) of Hamm Germany. In this landmark civil climate change ruling the court held that while there needs to be a causal chain between the actions of the defendant and risk of damage to the claimant, single entities may have a responsibility for impacts relating to their greenhouse gas (GHG) emissions. Although RWE successfully defended the claim, the court established important legal principles for climate litigation which has significance for large companies. In summary, the court held that individual entities that emit GHG can, in principle, be held accountable for the impacts of their emissions under German civil law. Written by Tallat Hussain, partner, Amber Davies, associate and Grace Durnall, trainee in the Energy and Natural Resources at Reed Smith LLP.