Brussels, 30/07/2008 (Agence Europe) - The European Court of Justice ruled on 25 July that Bavarian authorities (Freistaat Bayern) could be required to implement an action plan to reduce the quantity of particulate matter in the atmosphere in Munich. City resident Dieter Janecek brought an action to that effect before the regional courts, which, in turn, asked the European Court whether an individual could directly invoke Community legislation.
German law does not allow Mr Janecek to call for an action plan to be put in place to counter the high level of pollution recorded by an air quality measuring station near his home in the suburbs of Munich. Measurements taken by the station show that, in both 2005 and 2006, the limit value for emissions of particulate matter was exceeded much more than the 35 times permitted under the Federal law on combating pollution. There was no doubt that an infringement had taken place, but there was doubt over what Mr Janecek could do about it.
Mr Janecek wanted the competent authorities to put in place an action plan to bring particulate matter pollution below the prescribed level. The case went up to the Bundesverwaltungsgerichtshof (Federal Administrative Court), which asked the European Court whether, under Community law, an individual could ask competent national authorities to draw up such an action plan in the event of established values being exceeded. Essentially, the Court responded in the affirmative, ruling that an individual could invoke, for instance, Council directive 96/62/EC on ambient air quality. However, while an individual may call for an action plan to be put in place, he/she cannot stipulate the content of such a plan. Member states are not obliged to take measures to ensure that the limit values or alert thresholds are never exceeded. They are required, subject to judicial review by the national courts, only to take such measures as are capable of reducing to a minimum the risk that the limit values or alert thresholds may not be exceeded and of ensuring a gradual return to a level below those values. (C.D. /transl. rt)