AG Heinzelmann, 23.01.2026 Climate Responsibility of Carbon Majors?

Climate change litigation has rapidly evolved into a central instrument of climate governance, shaping the global debate on corporate climate responsibility¹. Individuals, NGOs, and communities increasingly rely on tort law, corporate duties of care, and human rights frameworks to address the consequences of climate change. Globally, climate litigation has climbed to 2,967 cases by the end of 2024. Following the adoption of the Paris Agreement in 2015, filings rose sharply: while around 120 cases were filed in 2015, that figure had nearly tripled by 2021. This underscores the growing importance of courts as a lever for climate action.²

 A landmark case is the lawsuit brought by Peruvian farmer Saúl Luciano Lliuya against RWE³, demanding that the company contribute proportionally (0.38%) to protective measures against a glacial flood in the Andes. In May 2025, the Court of Appeal of Hamm/Germany rejected the claim due to insufficient risk of flooding on the property. However, the Court acknowledged in principle that major emitters can be held responsible for climate-related harms — what is seen by NGOs as a milestone for climate litigation.⁴

In the Netherlands, Milieudefensie v. Shell initially set a global precedent when the District Court of The Hague in 2021 ordered Shell to reduce emissions by 45% by 2030.⁵  Whereas the Court of Appeal overturned this binding obligation in November 2024, the court still affirmed that large corporations have a duty of care in relation to climate change.⁶

These developments highlight that climate litigation is not only a rapidly expanding field of environmental and tort law but also an essential component of the global climate governance framework. Court decisions increasingly serve as a corrective to inadequate policy responses, shifting responsibilities towards governments and corporations while reinforcing debates about justice, accountability, and sustainability.

 An overview of these recent trends illustrates the dynamics, reach, and significance of climate litigation. It shows how the interplay between law, politics, and society is being reshaped by the climate crisis, and how the judiciary is emerging as a key actor in the pursuit of more ambitious climate goals.

Marc‑Philippe Weller is Professor of Civil, Commercial, and International Private Law and Director of the Institute for Conflict of Laws, Comparative Law, and International Business Law at Heidelberg University. He has served since 2019 as Vice‑Rector for International Affairs, strengthening the university’s global engagement. Weller’s research addresses the role of private law in confronting climate change, corporate sustainability, and cross-border accountability, and he has contributed expert opinions on corporate law reform for climate transformation.