Lawsuits and decisions

The obligation to take measures for air quality protection

The case started in 2011 when two inhabitants of Ostrava, who live in part of the city, Radvanice and Bartovice, where the concentrations of hazardous substances in air breaches the limits on a long-term basis, filed an administrative lawsuit. Legal expertise was provided by lawyers from Frank Bold. The claimants argued that there was an unlawful interference with their rights when the regional authority, and later on the Ministry of Environment, failed to adopt an action plan of measures for the area with worsened air quality. Regional Court in Ostrava upheld the claim and decided that the regional authority acted unlawfully when they failed to adopt efficient interim measures for air quality protection in the excessively polluted city parts. The obligation of the regional authority to adopt the measures through an action plan arises from the Protection of Air Act and the Council Directive 96/62/EC on ambient air quality assessment and management. The Regional Court’s decision was afterwards approved also by the Supreme Administrative Court.

The decision of Regional Court in Ostrava in Czech is available here “KS Ostrava_anonymizovano

The decision of Supreme Administrative Court in Czech is available here “NSS_anonymizovano

Air pollution and just satisfaction for harm to health

The claimant filed a civil lawsuit demanding just satisfaction for immaterial harm that was caused to them by an illegal action of the regional authority. The regional authority acted unlawfully when they did not take adequate efficient measures assuring air quality protection in a region where the limit values for air pollution were breached on a long term basis. In Ostrava, the air quality limits for particles PM2,5 and PM10 which are hazardous for human health and also with carcinogenic and mutagenic benzo(a)pyrene exceed the legally binding limits on a long term basis. The claimants, inhabitants of the most polluted area, argue that as a result of the unlawful steps of the regional authority and the consequent air pollution they have suffered an immaterial harm to health. The procedures have not ended yet, the case is currently pending before the Supreme Court.

Challenge to air quality management plan in Brno

Two of the local citizens together with a local NGO, with support of legal experts from Frank Bold, filed an administrative lawsuit challenging the air quality management plan in Brno in 2016. The program which was prepared by the Ministry of Environment is, according to the claimants, insufficient, since it does not reassure the achievement of the legal air pollution limits “in the shortest time possible”, as the law requires. To fulfil this requirement, the adopted measures would have to be more specific, with clear priorities in the given region and with a realistically set timeframe for its implementation. In Brno the air quality limit values for PM10 particles, NO2 and target limit value for benzo(a)pyrene are breached. The procedure has not ended yet, the lawsuit is currently pending before the Supreme Administrative Court as the court of second instance.

Challenge to air quality management plan in Prague

A local NGO in cooperation with a local citizen, with support of legal experts from Frank Bold, filed an administrative lawsuit challenging the air quality management plan in Prague in 2016. The program which was prepared by the Ministry of Environment is, according to the claimants, insufficient, since it does not reassure the achievement of the legal air pollution limits “in the shortest time possible”, as the law requires. To fulfil this requirement, the adopted measures would have to be more specific, with clear priorities in the given region and with a realistically timeframe for its implementation. In Prague the air quality limit values for PM10 particles, NO2 and target limit value for benzo(a)pyrene are breached. The procedure has not ended yet, the lawsuit is currently pending before the City Court in Prague which is an administrative court of first instance.

Challenge to air quality management plan in Ostrava

Two of the local citizens, an NGO and Frank Bold Society, with support of legal experts from Frank Bold, filed an administrative lawsuit challenging the air quality management plan in Ostrava in 2016. The program which was prepared by the Ministry of Environment is, according to the claimants, insufficient, since it does not reassure the achievement of the legal air pollution limits “in the shortest time possible”, as the law requires. To fulfil this requirement, the adopted measures would have to be more specific, with clear priorities in the given region and with a realistically timeframe. In Ostrava the air quality limit values for NO2, PM10 and target limit value for benzo(a)pyrene are breached. The procedure has not ended yet, the lawsuit is currently pending before the Supreme Administrative Court as the court of second instance.

Challenge to air quality management plan in Ústecký region

A local NGO together with one of the local citizens, with support of legal experts from Frank Bold, filed an administrative lawsuit challenging the air quality management plan in Ústecký region in 2016. The Program which was prepared by the Ministry of Environment is, according to the claimants, insufficient, since it does not reassure the achievement of the legal air pollution limits “in the shortest time possible”, as the law requires. To fulfil this requirement, the adopted measures would have to be more specific, with clear priorities in the given region and with a realistically timeframe. In Ústecký region the air quality limit values for PM10, NO2 and target limit value for benzo(a)pyrene are breached. The procedure has not ended yet, the lawsuit is currently pending before the Supreme Administrative Court as the court of second instance.


Ein Projekt von
Partner: Deutsche Umwelthilfe
Partner: Frank Bold
Finanziert durch
Partner: Life

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