Press release
German government defeated in court on air pollution in EU first
23 July 2024
A court in Berlin has made the nation’s first ruling against the German state on its air pollution policy.
The ruling follows court action brought by Environmental Action Germany (DUH) and environmental lawyers ClientEarth in 2020 – the first action brought under the bloc’s NEC Directive. The groups said Germany’s National Air Pollution Control Programme (NAPCP) was inadequate to meet the country’s targets and protect its people.
The German government updated the plan this year. The Higher Administrative Court of Berlin and Brandenburg declared that this new plan was unlawful and had relied on old data to claim that the country would meet legal targets in time.
The Federal government is now obliged by the court to amend and improve its pollution reduction plan to bring it in line with the law.
ClientEarth lawyer Emma Bud said: "The court in Berlin today confirmed what we have known for years – that the German government is not doing enough to protect its inhabitants from toxic air pollution. Every year, illegal levels of pollutants are pumped into the air, and every year this directly translates into premature deaths and an increased burden on the health system.
“Germany promised to cut emissions. It made a plan showing how it would cut emissions. But unfortunately the government used data that did not reflect the current reality, and has put people in ongoing danger as a result.
“It is time for the German government to step up and finally take the action necessary to protect the health of its people – and spare its public health system this totally avoidable cost.”
According to the European Environment Agency, in Germany alone, tens of thousands of people are estimated to die early each year due to air pollution exposure. Air pollution has been associated with heart disease, respiratory disorders, low birthweight, certain cancers and even dementia and mental health conditions. Research continues to emerge.
DUH CEO Jürgen Resch said: “For the first time, the German government will have to remedy its long-term lack of adherence to clean air rules. The court has called out the delay tactics and required the government to put in place concrete measures to put an end to toxic air – across sectors from transportation to agriculture.”
ENDS
Notes to editors:
Original case background: Germany sued over major national air pollution failures | ClientEarth
The National Emission reduction Commitments (NEC) Directive regulates emissions of sulphur dioxide (SO2), nitrogen oxides (NOx), ammonia (NH3), fine particulate matter (PM2.5) and Non-Methane Volatile Organic Compounds (VOCs).
Trends in air pollutant levels can be accessed on the European Environment Agency’s website. Data is available up to 2022, the latest reporting period.
New research has just found links between air pollution and dangers in IVF pregnancies.
Long-term collaboration between Environmental Action Germany (Deutsche Umwelthilfe – DUH) and ClientEarth has brought about a series of significant regional rulings on dirty air. Around 40 cases were taken in total – the majority of them successful – including a number of solo cases by DUH. This cooperation notably led to the 2017 diesel breakthrough from Germany’s top court, clarifying that local authorities were not just allowed, but required, to put in place diesel bans where levels of air pollution were illegally putting health in jeopardy.
German citizens are currently taking action against their government, with the support of ClientEarth, for what they say is a failure to protect them from dangerous pollution.
In the wake of the Dieselgate scandal, vehicles have yet to be recalled and retrofitted at scale.
About ClientEarth
ClientEarth is a non-profit organisation that uses the law to create systemic change that protects the Earth for – and with – its inhabitants. We are tackling climate change, protecting nature and stopping pollution, with partners and citizens around the globe. We hold industry and governments to account, and defend everyone’s right to a healthy world. From our offices in Europe, Asia and the USA we shape, implement and enforce the law, to build a future for our planet in which people and nature can thrive together.