Janecek v Freistaat Bayern

Individuals directly concerned by a risk that air quality limit values will be exceeded must be able to require the competent authorities to draw up an action plan.

Citation
Case C-237/07, [2008] ECR I-6221
Court
Court of Justice of the European Union
Year
2008
Subject
Environmental Law
Topic
Air and water quality

Facts

Mr Janecek lived on a major road in Munich, where the limit value for particulate matter set by EU law was exceeded far more often than permitted. He asked the Bavarian authorities to draw up an action plan setting out the short term measures to be taken to ensure compliance with the limit values, as required by the Air Quality Framework Directive. The authorities refused, and the German court referred questions to the Court of Justice.

Legal principle

The Court of Justice held that, where there is a risk that the limit values or alert thresholds may be exceeded, persons directly concerned must be in a position to require the competent national authorities to draw up an action plan, if necessary by bringing an action before the competent courts. The member states had a discretion as to the measures to be included in the plan, but the measures must be capable of reducing the risk of exceedance to a minimum and ensuring a gradual return to a level below the limit values. The decision established the right of individuals to enforce air quality obligations in the national courts.

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