EU: Member states "can be forced to tackle pollution"

[Karl]

Member states "can be forced to tackle pollution"

ENDS Europe Daily 2593 – July 25, 2008

Member states can be obliged by European citizens to tackle pollution when EU ambient concentration limits for air pollutants are likely to be exceeded, the European court of justice said on Friday. EU judges were asked by a German court to interpret a 1996 air quality directive in a case brought by a resident of Munich's Landshuter Allee district against local authorities. A new directive merging the 1996 law and three other air quality directives entered into force in June.

Mr Dieter Janecek complains that limits for particulate matter (PM10) were exceeded in 2005 and 2006 in this area and wants authorities to draw up an action plan to tackle the problem. German judges say the resident has no right to make such a demand under national law. But in a court ruling issued on Friday, judges in Luxembourg say European citizens are entitled to require air quality action plans from local authorities when there is a risk that limits set under EU legislation may be exceeded. However, in their plans authorities are only required to make sure that risks levels are kept to a minimum. There is no obligation on them to guarantee that ambient concentration limits will never be exceeded, EU judges stress.

German judges could decide not to follow the advice and reject Mr Janecek's demand. But the ruling has wider EU ramifications and it could lead to more complaints from local residents. Particulate matter pollution is a problem in Germany and other European countries. Earlier this month, the European commission asked member states struggling to meet ambient concentration limits for PM10 to notify the measures they are taking to achieve compliance.

Follow-up: European court of justice, a press release and judgement in case C-237/07.

Article Index: air, health/consumers, legal affairs