European limits on #air pollution do not confer individual rights to individuals, according to the decision of the European Court of Justice (#EUCJ) of 22.12.2022 (Case C-61/21). Anyone who becomes ill because of #airpollution cannot invoke the European directives on #airquality. Thus, the ECJ opposes the opinion of the Advocate General. Often it follows them, but not this time.

Although EU-wide #limits are involved, the #EUCJ is of the opinion that the #air quality directives exclusively obligated the #EU states. However, these obligations were not accompanied by the allocation of individual rights. The liability of an #EU state could arise solely from national standards. Moreover, every individual must have the right to demand active action from the national authorities against #air pollution, for example with an #air pollution control plan.