R e ch t sa nw ä lt e Gü nt h e r
P artnerschaft
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responsibility of the courts. Today’s testimony is therefore novel to
me.
II.
In substance I will
1. Present to the Commission the three cases referred to above
with the help of a power point presentation which will be
submitted at a later date. I will present the facts of the cases as
well as the legal background and elaborate on any issues with
relevance to human rights.
As documentation I attach the following documents.
- Luciano Lluiya ./. RWE
o Application to court – Appendix 2
o Order of the court of first instance – Appendix 3
o Preliminary order of the appellate Court – Appendix 4
o A current newspaper article on the case from the
TIME Magazine – Appendix 5
- People’s Climate Case (Armando Carvalho and others ./.
European Parliament and Council (EU General Court, T
330/18)
o Summary of Pleas – Appendix 6
o Frequently asked Questions on the PCC – Appendix 7
Since the third case has not been submitted to court yet, I
cannot make available to the Commission any documentation
yet but will make this available at a later stage.
2. Elaborate on the status of application of human or basic rights to
climate change on the basis of the cases above as well as on the
basis of the two judgements delivered in the Netherlands in the
known climate case taken by the environmental foundation
Urgenda. To support this I submit the pertinent judgements in
English translation:
o District court of The Hague – Appendix 8
o Appellate Court of The Hague – Appendix 9
III.
I note that for the Philippines, the most pertinent risks and impacts
from climate change include storms (and typhoons in particular),