Global warming
Climate lawsuit: Court does not see any bias with an expert
Does RWE have to participate in protective measures against a tidal wave through a Lake Glacier in Peru? Before the decision was announced, the OLG Hamm had to be on a special application.
In the case of the climate lawsuit of a Peruvian farmer against the energy group RWE, the Higher Regional Court (OLG) Hamm rejected a request for bias from the plaintiff against an expert. The application has no effect on the planned announcement date on May 28th.
At the request of the German Press Agency, the court named several reasons for decision that was made on May 15th. The application was not made within the legal period. The plaintiff was also aware of all the reasons for which the application was based on the hearing dates in mid -March, said a court spokesman.
Court: A bias could not be justified
Also, the circumstances brought up could not justify the expert’s bias. According to the court, the plaintiff had given that the RWE subsidiary RWE Nuclear had awarded a total of three surveillance and test orders to the expert’s engineering office since 2001.
All orders had been in connection with the dismantling of a disused nuclear power plant. A co -partner and co -managing director had been commissioned. This also performed the activities personally. The court was not responsible and not involved, the court stated.
OLG has no doubt about the neutrality of the expert
The plaintiff had also questioned the neutrality of the expert due to certain formulations in the oral presentation of the report. The responsible Senate did not accept this objection either.
In the civil process that has been running since 2015, the farmer and mountain guide Saúl Lliuya wants to achieve that RWE is involved in costs for protective measures against a possible flood wave through the Gletschersee Palcacococha. He fears that such a tidal wave as a result of global warming could be triggered by a glacier abort or a so -called rock fall and that his house in the city of Huaraz could hit.
Plaintiff: RWE contributes to the risk of responsibility
According to the plaintiff, RWE has a shared responsibility because the company creates large amounts of greenhouse gases with its power plant park. The plaintiff is supported by the Foundation Futability and the Environmental Organization Germanwatch. RWE considers the lawsuit to be legally inadmissible.
In mid -March, two experts presented their reports in front of the OLG at an oral hearing. They do not assume that in the next 30 years there will be a serious impairment of the plaintiff’s property due to flooding or a sludge avalanche.
The announcement date was originally scheduled for April 14th. Because of the request for bias, he was then moved to May 28th.
dpa
Source: Stern
