Air pollution illness and individual rights
30th January 2023
The European limits on air pollution do not confer individual rights to individuals, according to the decision of the European Court of Justice (#ECJ - #EuGH) of 22nd Dec, 2022 (Case C-61/21). Anyone who becomes ill because of air pollution cannot invoke the European directives on air quality. Thus, the #ECJ opposes the Legal Opinion of the Advocate General. The court often follows it, but not this time.
According to the #ECJ, the air quality directives exclusively oblige the #EU states, although EU-wide limits are involved. 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 an active engagement from the national authorities against air pollution, for example with an air pollution control plan.
- Update on Telemedicine
- Arbitration in sports law
- Soccer games and Twitter photos of the police
- Sports Clubs and Tax
- A Kafkaesque Reality
- Gross Error in Treatment is not equal to Gross Negligence
- Displacement flap plastics and drainage strips
- Treaty Override - It´s time for a Paradigm Change
- Doctor's offices and Commercial Tax
- Arbitrariness at the CAS?
- Impunity for assisted suicide by life partners and physicians
- Gigantomastia, mammareductionplasty and cost coverage
- Transfer effect of losses from commercial activities
- Sales tax liability for sales via eBay
- Corona and exit restrictions in Bavaria
- Employer's right of direction and time off of emergency paramedic
- Falsification of Corona vaccination certificates
- Air pollution illness and individual rights All Blogs