In the dispute over measuring stations for air pollutants advocates the competent advocate General at the European court of justice for a strict interpretation of the EU Law. If at each measurement the limit values for nitrogen dioxide or particulate matter are exceeded, should this be considered a violation of EU requirements on air quality, stated by ECJ advocate General Juliane Kokott on Thursday in its opinion to a case from Belgium. There must therefore be a mean of all measurement in a territory formed (case C-723/17).
From the point of view of the German ECJ advocate General have residents the right to have the locations of measuring stations in the courts. In principle, EU-law, that the measuring points especially in areas with the highest concentrations of pollutants. The authorities had the choice of location of a discretion. The EU right to demand a judicial review. The aim of the Directive is the protection of life and health of local residents.
inhabitants of Brussels and an environmental organization, had sued the local authorities on the creation of an air quality plan and establishment of the necessary measuring stations. The Brussels court had asked the EU judges in Luxembourg, the Council for the interpretation of EU Law, the requirements for pollutant limits, and for the measurements.
About the measuring stations in Germany in connection with a possible driving ban for months, hotly debated. The last CSU leader Markus Söder expressed doubts as to the placement of the apparatus and of the meaningfulness of the measured values. He said it was “a little useful, if some of the measurement stations by means of high bills with a total value for a city is determined”.
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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 monitoring network.
The German environmental aid (DUH) feels by the ECJ-opinions encouraged. “We are pleased with this significant backing, but have not expected anything else,” said DUH-chief Jürgen Resch on Thursday, the German press Agency. Asthmatics, people with damage to the lungs and, above all, children need clean air and suffered directly under high nitrogen dioxide values in front of schools, kindergartens, or homes. “We must have health protection, especially for particularly sensitive and often vorerkrankten fellow human beings,” said Resch.
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the opinion of the German advocate General Juliane Kokott is not proceedings in the court of the last word. A judgment of the court of justice will not be made until in some weeks or months. The judges follow your experts, often, but not always. (dpa)
