Germany has systematically and persistently exceeded EU legal limit values for nitrogen dioxide (NO2) since 2010 in 26 areas of the country. It has failed to put in place the necessary schemes to tackle the problem in good time, in breach of Directive 2008/50 on ambient air quality and cleaner air in Europe, said the Court of Justice of the EU (CJEU) in a judgment handed down on Thursday 3 June (Case C-635/18).
This judgment vindicates the European Commission, which had brought an action for failure to fulfil obligations in October 2018 for 2010 to 2016 inclusive. It could lead to financial penalties if Germany does not comply with EU law.
According to the Court, the average annual limit value for NO2 of 40 μg/m3 (micrograms per cubic metre of air) was exceeded in 26 areas (out of 89 examined), including the cities of Berlin, Cologne, Düsseldorf, Munich, Freiburg, and Mannheim/Heidelberg.
For 2016, the Court finds that the values reported by Germany were, in all 26 areas, between 2.5 and 105% higher than the annual limit value.
In addition, the hourly limit value for NO2 (200 μg/m3) was systematically and persistently exceeded in two of these areas, namely Stuttgart and the I Rhine-Main agglomeration.
The Court also finds that, by failing to adopt, as from 11 June 2010, appropriate measures to ensure compliance with the limit values for NO2 in all the areas at issue, Germany has failed to fulfil its obligation to ensure that air quality schemes provide for appropriate measures to ensure that the period during which limit values are exceeded is as short as possible.
Read the judgment: https://bit.ly/3fNFocq (Original version in French by Aminata Niang)