12.22.2022 17:46 (act. 12.22.2022 17:50)
Those affected can still defend themselves in an emergency ©APA/dpa
Anyone who has become ill as a result of polluted air cannot claim compensation from the state. The European Court of Justice (ECJ) ruled this Thursday in Luxembourg. European air quality directives do not give individuals any rights that could lead to harm, the judges said. However, EU countries can be held responsible according to national rules. The ECJ expressly did not rule this out.
The ECJ also recalled that individuals should have the right to demand measures to improve air from authorities. This includes, for example, air pollution control plans or bans on diesel driving.
The background of the trial was the trial of a Parisian. He demanded €21 million in damages from the French state because growing air pollution in the Paris metropolitan area had damaged his health. In his opinion, the State should be held accountable because it did not ensure that EU-wide limit values are observed. The Advocate General of the Court of Justice shared this opinion in her opinion a few months ago.
Often, judges follow the views of advocates general, but not this time. The ECJ denied the compensation claim and argued that air quality directives oblige EU states to guarantee clean air. However, these commitments served the overall purpose of protecting human health and the environment as a whole. Individual citizens would receive no rights as a result. Therefore, the state does not have to compensate its citizens.
Scientists have been warning about the health consequences of polluted air for years. Those who inhale a lot of fine dust have an increased risk of heart problems, strokes and lung disease. According to the EU Environment Agency EAA, around 240,000 people in the EU died prematurely in 2020 as a result of particulate pollution in the air around them. According to the will of the EU Commission, the annual limit value for fine dust, which is largely caused by car traffic and heating, must be reduced by more than half by 2030.