The rules of the judge that companies may be obligated to take preventive measures “to counter their emissions.
A German court has a lawsuit for Peruvian farms seeking compensation from RWE for the alleged role of German energy facilities in exposing his hometown of climate change, but it has put a potential important precedent on the responsibility of the pollutants for carbon emissions.
On Wednesday, the Supreme Regional Court of West City prevented the historic complaint filed by Saul Luciano Lilia, 44, who argued that historical RWE emissions mean that they were responsible for the high risk of flooding caused by the melting of the ice rivers that his hometown faced.
However, the judge in the case stipulated that the companies “may be obligated to take preventive measures” to meet their emissions, according to a court statement.
The court concluded that “if the poll is permanently refused to do so, this may be determined, even before the actual costs incurred, the pollter must bear the costs in proportion to its share of emissions.”
The referee supported the arguments made by Saul Luciano Lilia, who claimed that RWE should pay for the cost of protecting his hometown near the city of Huaraz in northern Peru from the swelling of Lake Galilee by melting snow and ice.
RWE never worked in Peru, but the 44 -year -old farmer argued that, as one of the most important carbon dioxide motives in the world, the company was partially responsible for the risk of flooding.
However, the court refused to claim Lliuya against RWE, saying that “there is no concrete danger to his property” from a possible flood.
Roda Verhain, Lliuya’s lawyer, said in a statement that the sentence was a “teacher” of climate delivery.
“This is an extraordinary issue,” said Al -Jazeera Weissen’s move, which was informed of important, Germany. “For the first time, a person from the global south submits a legal issue against a company from the global north, holds it responsibility, and a responsibility for the phenomenon of global warming and its effects” in their homeland.
Lliuya said that the provision of data from the carbon database, which tracks historical emissions from the largest fossil fuel producers.
For a $ 3.5 million flooding project required in its area, the RWE share is about $ 17,500, according to Lliuya accounts.
The Peruvian farmer, whose family grows, corn, wheat, barley and potatoes, said that he decided to prosecute RWE because he is one of the largest pollutants in Europe – instead of any specific company projects near his home.
RWE, who abandons coal power stations, said that one of the carbon dioxide is not responsible for climate change.
Before Wednesday’s decision, the farmer’s lawyer had previously said, “This was a historical ruling,” regardless of the result, as the notes of the case consisted of 180 pages, which means that the judges took the case “seriously”, and they traveled to the area affected by Peru with experts to examine “the exact effects of warmth on this particular society.”
Vaessen added that the accumulated judge told RWE that “he should have been aware of the effects of their emissions.”
This experience “can be a dangerous precedent for other people who live in the global south who suffer from climate change much more than other parts of the world to provide future situations.”
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