Ecolex Logo
The gateway to
environmental law
Search results » Jurisprudence

Dieter Janecek v. Freistaat Bayern

Country/Territory
European Union, Germany
Type of court
International court
Date
Jul 25, 2008
Source
UNEP, InforMEA
Court name
European Court of Justice
Seat of court
Luxembourg
Judge
Timmermans, C.W.A.
Bay Larsen, L.
Schiemann, K.
Makarczyk, J.
Bonichot,, J.-C.
Mazák, J.
Reference number
C-237/07
Language
German
Subject
Environment gen., Air & atmosphere
Keyword
Air pollution (stationary sources) Environmental standards Air quality/air pollution Enforcement/compliance Air quality standards
Abstract
The German Bundesverwaltungsgericht requested the ECJ to explain provisions of Directive 96/62/EC on ambient air quality. Mr. Janecek had asked for an order requiring the Freistaat Bayern to draw up an air quality action plan in the Landshuter Allee district, where he lives. In that way, he hoped to achieve that in the future, PM10 emission limit values would no longer be exceeded more than 35 days a year. The ECJ explained that where there is a risk that the Directive’s limit values or alert thresholds may be exceeded, persons directly concerned can require the competent national authorities to draw up an action plan, even though, under national law, those persons may have other courses of action available to them for requiring those authorities to take measures to combat atmospheric pollution. The Court further explained that Member States are obliged to take measures – in the context of an action plan and in the short term – that are capable of reducing to a minimum the risk that the limit values or alert thresholds may be exceeded and of ensuring a gradual return to a level below those values or thresholds, taking into account the factual circumstances and all opposing interests. In other words: citizens concerned can demand an action plan, but they cannot demand specific action against pollution as this is largely a matter left to the discretion of Member States.
Link to abstract
Dieter Janecek v. Freistaat Bayern.pdf
Full text
liste.jsf

References

Cites

Council Directive 96/62/EC on ambient air quality assessment and management.

Legislation | European Union | 1996 | Repealed

Keyword: Air quality/air pollution, Pollution control, Hazardous substances, Data collection/reporting

Source: FAO, FAOLEX