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Liability for climate change? European perspective

This presentation explores the liability for climate change from a European perspective, focusing on legal mechanisms, jurisdiction, tort law, and the prerequisites for damages. The speaker, Prof. Dr. Stefan Perner, examines key issues such as harm, property, life, health, misconduct, and causation. Join the discussion at the AIDA Europe Conference in Lisbon on 4th October 2019.

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Liability for climate change? European perspective

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  1. Liability for climate change? European perspective Prof. Dr. Stefan Perner Lisbon, 4 October 2019 AIDA Europe Conference

  2. Startingpoint • International jurisdiction & Conflict of Laws • Tort Law • Conclusions

  3. I. Starting point • How to fight climate change in Europe? • Political agenda • National level: Cf. Austria – State of climate emergency • EU level: Cf. Art 9 (c) (iv) Directive 2010/13/EU (protection of the environment)

  4. I. Starting point • How to fight climate change in Europe? • Political agenda • National level: Cf. Austria – State of climate emergency • EU level: Cf. Art 9 (c) (iv) Directive 2010/13/EU (protection of the environment) • Legal mechanisms: Administrative law vs. tort law • Administrative law • Vienna International Airport – 3rd Runway Case • Klimaseniorinnen (CH)

  5. I. Starting point • How to fight climate change in Europe? • Political agenda • National level: Cf. Austria – State of climate emergency • EU level: Cf. Art 9 (c) (iv) Directive 2010/13/EU (protection of the environment) • Legal mechanisms: Administrative law vs. tort law • Administrative law • Vienna International Airport – 3rd Runway Case • Klimaseniorinnen (CH) • Tort law: Lliuya / RWE (Germany)

  6. Jurisdiction & Conflict of Laws

  7. Jurisdiction & Conflict of Laws • Brussels Ia Regulation 1215/2012 • Art 4: defendant’s domicile  RWE can be sued in Germany • Art 7 (2) harmful event / Art 7 (5) establishment / Art 8 (1) multiple defendants

  8. Jurisdiction & Conflict of Laws • Brussels Ia Regulation 1215/2012 • Art 4: defendant’s domicile  RWE can be sued in Germany • Art 7 (2) harmful event / Art 7 (5) establishment / Art 8 (1) multiple defendants • Rome II Regulation 864/2007 • Art 4 (1): law of the country where damage occurs (Peruvian law) • Higher standards in victim’s home state: Rules have to be taken into account (Art 17) • Lower standards in victim’s home state: Option to choose law where event giving rise to the damage occurred (Art 7)

  9. III. Tort Law Academic literature Journal of European Tort Law 2017, Special Issue 2: Climate Change and Environmental Liability contributions of Martin Spitzer (Ed.), Bernhard Burtscher, Monika Hinteregger, JaapSpier, Philip Sutherland

  10. Prerequisites for damages • Harm • Property (RWE) • Life / health (cf. Klimaseniorinnen) • Consequential Damage / Pure Economic Loss / Ecosystem

  11. Prerequisites for damages • Harm • Property (RWE) • Life / health (cf. Klimaseniorinnen) • Consequential Damage / Pure Economic Loss / Ecosystem • Misconduct: Failure to meet standard of behaviour (RWE?) • Time frame • Aggregate vs. individual level • Public authorization: Environmental impact assessment / emission trading scheme • Liability without misconduct?

  12. Prerequisites for damages • Harm • Property (RWE) • Life / health (cf. Klimaseniorinnen) • Consequential Damage / Pure Economic Loss / Ecosystem • Misconduct: Failure to meet standard of behaviour (RWE?) • Time frame • Aggregate vs. individual level • Public authorization: Environmental impact assessment / emission trading scheme • Liability without misconduct? • Causation: But-for-test • Alternative causation • Minimal causation (RWE) • Alternative causation incl. hazard

  13. Conclusions

  14. Liability for climate change? European perspective Prof. Dr. Stefan Perner Lisbon, 4 October 2019 AIDA Europe Conference

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