Here you will find publications on legal activities and air quality issues. In addition, we provide links and publications of other institutions dealing with this topic.
Written Judgement of Federal Administrative Court
On 27 February 2018, the Federal Administrative Court (BVerwG) in Leipzig issued a decision in principle. The complaint concerns the revisions of the legal cases in Düsseldorf and Stuttgart, which now found a final clarification in front of the highest German court for administrative issues. The judges confirmed the legal opinion of DUH that diesel traffic bans are possible already today, while respecting the principle of commensurability. The English translations of the two judgments are now available for download here.
Background paper “Clean Air litigation”
In the past DUH has repeatedly sued the implementation of air quality measures. Nevertheless the air pollution with NO2 and fine particles in cities are one of the central challenges. In the last three years, DUH supported by the international environmental lawyers ClientEarth has therefore filed lawsuits against several German Federal States who need to do more in the area of air quality planning. DUH also applied for compulsory enforcement measures to be taken where binding rulings were not implemented. You will find more information in German about the legal background, the air pollution and possible measures with this Background paper.
The Clean Air Handbook
Clean air is essential to good health and a basic human need. EU law has recognised this need and given legal protection to it through directives and court judgements. This practical guide to EU air quality law is designed to help non-lawyers exercise their right for clean air. References to specific cases and legislative provisions are included, so its also useful to lawyers and experts.