Individual right to clean air including compensation for health damage – comment on JP v Ministre de la Transition écologique, C-61/21
On the one hand, the EU member states are to manage ambient air quality in line with the Air Quality Directive (dir. 2008/50/EC) provisions that put forward local air quality targets. On the other hand, EU citizens have their right to demand that their local authorities pass ‘air quality plans’ for...
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| Format: | Article |
| Language: | English |
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Sciendo
2024-10-01
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| Series: | Wroclaw Review of Law, Administration and Economics |
| Subjects: | |
| Online Access: | https://doi.org/10.2478/wrlae-2024-0004 |
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| Summary: | On the one hand, the EU member states are to manage ambient air quality in line with the Air Quality Directive (dir. 2008/50/EC) provisions that put forward local air quality targets. On the other hand, EU citizens have their right to demand that their local authorities pass ‘air quality plans’ for towns or districts where air quality standards were below the so-called limit values. In 2008, in the Janecek
Judgement of the Court of Justice of 25.07.2008, C-237/07 Dieter Janecek v. Freistaat Bayern EU:C:2008:447. case the Court of Justice of the EU (the CJEU) for the first time recognised the direct effect of Articles 13 and 23 of this directive, and in this way granted rights to individuals to challenge local air quality plans for their inefficiency. |
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| ISSN: | 2084-1264 |