German Federal Court Refers Air Quality Questions to European Court of Justice

Germany's Federal Administrative Court (Bundesverwaltungsgericht) has submitted four questions to the European Court of Justice (ECJ) for a preliminary ruling concerning the federal government's National Air Quality Program (NLRP). This action, initiated by the German environmental organization Deutsche Umwelthilfe (DUH), seeks clarification on the effectiveness of the program in meeting European air quality standards.

DUH filed its lawsuit in May 2020, arguing that the measures outlined in the NLRP were insufficient to achieve the required reductions in emissions of nitrogen oxides, particulate matter, ammonia, and sulfur dioxide under the NEC Directive. The German court has now indicated that there are unresolved issues regarding the necessity of updating outdated assumptions used in the program.

The DUH welcomes this referral, stating it will lead to a Europe-wide clarification for all EU member states on how national air quality programs should be interpreted and implemented. The organization urges the German government to promptly revise the program with effective measures. These include calls for the technical retrofitting or scrapping of over eight million "Dieselgate" vehicles at the manufacturers' expense.

Further demands from DUH include stricter speed limits within urban areas, on highways, and rural roads, reductions in intensive livestock farming, and a filter mandate for construction machinery and wood-burning heating systems. The environmental group emphasizes that these measures must be impactful and nationally comprehensive to ensure the achievement of emission reduction targets for 2030.