Germany – The Regional High Court of Hamm dismissed, on May 28, 2025, the complaint filed by Saoul Luciano Lliuya against the German group RWE, the second largest electricity producer in Germany, relating to its responsibility for the consequences of global warming, but considered that, in principle, companies can be held legally responsible for damages caused by their contribution to climate change
Saúl Luciano Lliuya, an Andean farmer and mountain guide, who believed he was seriously threatened by a wave of flooding due to the consequences of global warming, filed a lawsuit against the German energy company RWE in a German civil court on November 24, 2015. Mr....
Europe – Norway – The Court of Justice of the European Free Trade Association considered in a judgment of 21 May 2025 (case E-18/24) that downstream gas emissions, namely gas emissions from petroleum products produced on the basis of a permit, must be taken into account in the environmental impact assessment of the project when applying for a permit. They constitute effects of this project within the meaning of Directive 2011/92/EU of 13 December 2011 on environmental
HAVET & VANHUFFEL – Association d’avocats The Court of Justice of the European Free Trade Association (EFTA Court) held in a judgment of 21 May 2025 (Case E-18/24) that greenhouse gas emissions emitted by the combustion of oil and natural gas extracted...
Europe – On a preliminary question referred by the Council of State of Belgium, the Court of Justice of the European Union, by judgment of 8 May 2025 (C/236-24), held that, Article 9a of Directive 2011/92/EU of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment, as amended by Directive 2014/52/EU of 16 April 2014, must be interpreted as meaning that where the authority competent to determine whether a project referred to in Article 4(2) of Directive 2011/92, as amended, must be subject to an environmental impact assessment, in accordance with Articles 5 to 10 of Directive 2011/92, as amended, is also the developer of the project concerned, an appropriate separation between the conflicting functions in the performance of that task must at least be applied
HAVET & VANHUFFEL – Association d’avocats On a preliminary question referred by the Council of State of Belgium, the Court of Justice of the European Union, by judgment of 8 May 2025 (C/236-24), held that, Article 9a of Directive 2011/92/EU of 13...