Zug Court accepts climate protection lawsuit against Holcim

The plaintiffs, including four Indonesian fishermen and women, are demanding compensation from the Swiss cement company Holcim for the climate damage that they have suffered. The case can now be examined on its merits for the first time. The Zug Green Party has welcomed the decision, while Holcim has already announced its intention to appeal.
 

The Zug Cantonal Court (Kantonsgericht) has accepted in full the lawsuit filed by four Indonesian fishermen and women against the Zug-based construction company Holcim. This was announced by HEKS, the aid organisation of the Evangelical Reformed Church of Switzerland, in a press release in late December. The plaintiffs, from the Indonesian island of Pari, whose existence is threatened by rising sea levels and increasing flooding, are demanding compensation from Holcim for damages already suffered, together with a contribution to the necessary flood protection measures and a rapid and drastic reduction in the company's global CO₂ emissions.

The Zug Cantonal Court rejected the procedural objections of Holcim, and acknowledged that the plaintiffs had "an urgent and current interest in legal protection," the statement continued. In their reasoning, the judges clarified that court rulings do not replace climate policy, but rather serve as a necessary supplement for assessing specific claims by those affected.

First substantive review
The court rejected Holcim's argument that reducing its own emissions would have little effect, as other companies would simply fill the gap. It stated that every single contribution to climate protection is essential, and that harmful behaviour does not become lawful simply because other actors act in a similar way. With this ruling, the legal hurdle was cleared, allowing the case to be examined on its merits for the first time.

On 21st December, Holcim finally commented on the Zug Cantonal Court's decision to accept the lawsuit. The company stated that it had anticipated this outcome and that it will file an appeal. Holcim maintains its conviction that courts are not the appropriate forum to address the global challenge of climate change. Furthermore, the question of who is allowed to emit how much CO₂ is a matter for the legislature, not for a civil court.

In the same statement, Holcim emphasized its global leadership in climate protection and its high level, recognised climate protection rating in the areas of transparency, ambition, and action. Holcim is firmly committed to achieving net-zero emissions by 2050, with sustainability at the heart of its strategy.

"A clear commitment to the rule of law"
The Zug Alternative List (ALG) also issued a statement on 22nd December. Unsurprisingly, the party welcomed the Zug Cantonal Court's decision to accept the climate lawsuit. For the first time, a Swiss court has recognised that those affected by climate change have the right to judicial review, even in cases of damages arising abroad. The ALG interprets the decision as a signal that large corporations must bear their legal responsibility. According to the ALG press release, party president Luzian Franzini is calling for legally binding corporate responsibility instead of voluntary commitments. Manuela Weichelt, a Green Party National Councillor (Nationalrätin) from Zug, sees the ruling as "a clear commitment to the rule of law."

The ruling is not yet legally binding and can be appealed to the High Court (Obergericht). The plaintiffs and supporting organisations are calling it "a historic decision and a significant milestone, paving the way for the first climate lawsuit against a major corporation in Switzerland." Companies will no longer be able to evade their climate responsibility through purely formal objections.