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 Directives 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 Keyword: Air quality/air pollution, Pollution control, Hazardous substances, Data collection/reporting Source: FAO, FAOLEX