insufficient - Court: Federal government must improve its air quality program
The Federal Government must review parts of its National Air Pollution Program. The program does not meet EU requirements. This was decided by the Administrative Court of Berlin-Brandenburg. The previously listed measures were not sufficient in all respects to achieve the European goals for reducing emissions of air pollutants, according to the judges.
German Environmental Aid (DUH) sued Federal Government
Therefore, German Environmental Aid (DUH) has once again – at least partially – successfully sued the Federal Government. In mid-May, the Administrative Court had decided that the Federal Government must revise its climate protection program.
In this case, it concerned the 2019 adopted and May 2024 updated program with numerous measures with which Germany wants to meet the European goals for reducing emissions of air pollutants. This involves Ammonia, Particulate Matter, Sulfur Dioxide, and Nitrogen Oxides.
The government had based the program on outdated data. The air quality forecasts in the government's program were therefore not plausible, according to the judges. For example, the stop of purchase premiums for electric cars or changes to the EU Emission Standard Euro 7 should have been taken into account. The directive had obliged Germany to present air quality plans every four years to reduce pollutants in accordance with EU regulations.
Judgment not legally binding
However, the judgment is not legally binding. The judges allowed a revision at the Federal Administrative Court in Leipzig due to its fundamental significance.
According to the European Environmental Agency (EEA), approximately 68,000 people in Germany died prematurely in 2021 due to particulate matter alone. Particulate matter is produced through industrial processes, but also through Diesel and gasoline cars and tire wear.
The Federal Government is now required to revise its Air Quality program, as previously argued by German Environmental Aid (DUH), due to the program not meeting EU requirements in Berlin. This revision is necessary to incorporate updated data and consider changes in EU regulations, such as the Euro 7 directive and electric car incentives.
The decision to revise the program comes following a judgment by the Administrative Court, which found issues with the Federal Government's reliance on outdated data and implausible air quality forecasts in their original program. This analysis led to the conclusion that the previously adopted measures were not adequate in fully achieving the EU's goals for reducing emissions of air pollutants, such as Ammonia, Particulate Matter, Sulfur Dioxide, and Nitrogen Oxides.
