Measuring stations should be reviewed at the request of citizens

A report by the European court of justice that national courts must check whether the measuring stations were installed for the air quality properly, if citizens request it. In addition, the EU limits are already in force as exceeded if a single measurement station represents values that are too high. The report is a recommendation to the court, a ruling is expected in the coming months, and a little more clarity could bring in the discussion of driving bans in Germany. the

The European court of justice (ECJ) has submitted an important report to the Exceedance of air quality limit values. The competent advocate General is in favour of a strict interpretation of the EU Law. National courts must consider, therefore, whether measuring stations for air quality have been set up correctly, if individual citizens so request, the consultant. In addition, the EU limits are already in force as exceeded, if it is to be observed at a single measurement station, high values for pollutants such as nitrogen dioxide, sulphur dioxide and carbon monoxide. It is therefore no mean value of all stations should be in an area formed.

the inhabitants of the Brussels-capital Region and the environmental organisation client earth, had complained against the local authorities on the creation of an air quality plan and the establishment of the necessary measuring stations. The Belgian judiciary had passed on the case to Luxembourg.

The advocate General stated that the EU are to draw up policy according to a fixed measurement stations, in particular, where the highest concentrations of pollutants occur in the air. The competent authorities have a certain discretion in the choice of location of the measuring devices. According to EU law, a judge must control this, however, in order to protect the life and health of local residents.

Now the court must decide

In connection with the threat of travel of the measuring stations for air pollutants are banned in Germany, too controversial. Recently, the CSU expressed-Chairman Markus Söder doubt as to the placement of the apparatus and of the meaningfulness of the measured values. It was “little sense, if some of the measurement stations by means of high bills with a total value for a city is determined,” he said. The Federal environment Ministry takes the view that the German measuring points correspond to all the rules. Because of the heated debate about bans, the Ministry launched but, nevertheless, a Review of the measurement network.

With the opinion of the advocate General of the ECJ, the case is not decided yet. A judgment is the ECJ is expected in the coming weeks or months. The judges follow your experts, often, but not always. The decision could bring clarity to the discussion in Germany.