4 October 2022 – by Darina Kalamova
A group of German citizens has launched legal action against the German government over polluted air. They claim their right to breathe clean and healthy air has been violated and that Germany should tighten its air quality legislation.
Air pollution is a big health threat as it is linked to long-term diseases, including cancer, heart problems and respiratory illnesses. In addition, experts are worried that air quality could get even worse this winter due to the looming energy crisis, especially if more people turn to resources such as coal and wood to heat their homes.
Furthermore, the claimants argue that while air pollution levels in Germany often comply with EU legislation, they are still four-five times higher than what the World Health Organization recommends in its 2021 guidelines for clean air. This means that even though cities are not considered polluted, people are still breathing dangerously dirty air.
The European Union has legally-binding air quality standards, but they haven’t changed since 2015. The European Commission is currently working to revise the air quality guidelines and align them more closely with the WHO recommendations, but it might take a while until they become obligatory for the member-states.
The case comes after the Advocate General to the European Court of Justice, Juliane Kokott, said in May that it could be possible for EU citizens to claim compensation from their governments when their health has been affected by high levels of air pollution.
Despite the fact that the opinions of Advocate Generals are not legally binding, they are usually taken into account by the court. Therefore, if air pollution levels do not decrease in the near future, cases such as this one may become more common.
