EU: No compensation for victims of air pollution
In its last ruling of the year, the European Court of Justice (ECJ) denies the right to damages. However, the right to sue to demand action for better air remains confirmed - to the relief of citizens and environmental organisations.
Anyone who has become ill as a result of air pollution cannot claim damages from the state. Only under certain national regulations will EU countries remain liable. This is the decision of the European Court of Justice (ECJ) in Luxembourg, which was invited to clarify the official legal opinion of the Union in the context of a lawsuit in France.
The ECJ in fact denied a claim for damages, arguing that the air quality directives did indeed oblige member states to ensure clean air. However, these obligations do not confer any rights on individuals that could lead to damages. After all, the general aim of the regulations was to protect human health and the environment - not the individual citizen. News that at first glance seems predominantly negative, but also contains positive aspects from the point of view of citizens and environmental organisations.
In doing so, the Court recalls that individuals must continue to have the right to seek measures for better air - such as clean air plans or diesel driving bans - from the authorities. "Our previous litigation strategy to enforce clean air was explicitly confirmed, namely that citizens have the right to sue for "necessary measures"," explained DUH Managing Director Jürgen Resch. Although the ECJ ruled against damages in this case, it does not rule this out in many other cases. The court's decision does not, therefore, mean the final end of all efforts by, for example, Deutsche Umwelthilfe or other associations to hold states and governments responsible. However, according to the German Environment Ministry, it has "provided clarification and orientation".
As before, irrespective of the claim for damages for the individual, there will be an obligation for the state to comply with the EU air quality limits - the German government continues to say in this regard. They will also work together with the other states in the EU committees on the approximation to the stricter standards of the World Health Organisation. Especially when it comes to limiting the harmful effects on health that result from poor air quality. The House of Steffi Lemke (Greens) sees a need for action primarily with regard to particulate matter limits. Since it is precisely here that the health effects are strongest, it said.
A new national air pollution control programme is to help and reformulate regulations and standards in the interest of climate protection. A long-awaited air protection plan, which according to some information from the ministry could be published as early as the first half of next year. Whether this will bring further changes, for example to the environmental zone rules, remains to be seen.