Zug Court takes up case against Holcim for climate damage in Indonesia

Zug Cantonal Court deliberates on lawsuit against Holcim for climate damage Keystone-SDA

On Wednesday, the Cantonal Court of Zug will deliberate on the fulfilment of the procedural requirements for a lawsuit against Holcim. Four inhabitants of an Indonesian island are demanding compensation from the cement company for damage caused by climate change.

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The small island of Pari is being flooded more and more frequently. This threatens the livelihoods, the right to life and the right to physical integrity of the three men and the woman who are jointly bringing a civil lawsuit. This is according to documents from the relief organisation of the Swiss Protestant Reformed Church (Heks), which is supporting the lawsuit.

As the globally active Zug-based company Holcim is partly responsible for climate change, they are demanding compensation of around CHF3,600 ($4,500) per person. This amounts to 0.42% of the total costs caused by climate change. According to a study by the Climate Accountability Institute, this percentage corresponds to Holcim’s share of all industrial CO2 emissions since 1750.

In addition, the company will have to further reduce its emissions by 2040 and participate in adaptation measures at par.

Company refers to climate targets

In the run-up to the first hearing, Holcim wrote in a short statement, which is available to Keystone-SDA: “In our opinion, who is allowed to emit how much CO2 is a competence of the legislator and not a question for a civil court”. The company also refers to its climate targets and the reduction in CO2 emissions by more than 50% that has already been achieved since 2015.

The content of the claim will not yet be examined at the first hearing at the cantonal court. The first question is whether the court will allow the action. The hearing will take place in the cantonal council chamber due to the high level of public interest.

Plaintiff Ibu Asmania and plaintiff Arif Pujianto have travelled from their home country and will make statements in court. It remains to be seen how the proceedings will continue after Wednesday’s hearing.

The request for mediation, which is a prerequisite for a civil action in the canton of Zug, was submitted by the plaintiff and the claimants in July 2022. After the arbitration hearing failed, the ordinary civil proceedings are now underway.

Translated from German by DeepL/jdp

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