Timeline
Substantive assessment delayed
At Holcim’s request, preliminary procedural matters are now being clarified. In this way, Holcim is delaying a court ruling on its climate strategy and its responsibility as a carbon major.
Legal aid granted
The Cantonal Court of Zug approves the application by Asmania, Arif, Bobby and Edi for legal aid. The Court concludes that, in the legal sense, the plaintiffs “lack means” and that their case does not seem devoid of any chances of success. They are therefore entitled to legal aid. This decision affirms the human right of access to an independent court in Switzerland for people from the Global South.
Civil action filed
The four plaintiffs file a civil action against Holcim with the Cantonal Court of Zug. Their action is for “breach of personality rights” (Swiss Civil Code 28) arising from past, present and future excessive CO2 emissions by Holcim, which have caused damage (Swiss Code of Obligations 41) on the island. The filing of the action heralds the first ordinary civil proceeding in Switzerland against a corporation on account of its role in climate change.
Conciliation talks break down
The conciliation talks between the plaintiffs and Holcim end in failure. The cement corporation is not prepared to entertain the plaintiffs’ demands. The Office of the Justice of the Peace authorises the plaintiffs to bring a civil action before the Civil Court of First Instance in Zug, within three months.
Application for conciliation filed
Asmania, Arif, Bobby and Edi, four residents of Indonesia’s Pari Island, initiate legal proceedings against the Holcim cement corporation over its share of responsibility for the climate crisis. They file an application for conciliation with the Office of the Justice of the Peace in Zug, where the Holcim Group is headquartered. Under the Swiss Code of Civil Procedure, this is a necessary first step in all civil proceedings.