People in the European Union (EU) can have the right to be compensated if their health has been compromised by excessive air pollution, a top EU lawyer argued on Thursday.
EU regulations on air pollution were intended to protect human health and to confer rights on individuals.’
Juliane Kokott, advocate general to the European Court of Justice (ECJ), said in this in an official court statement.
The adviser to the ECJ said the 27 EU member states might be liable for damages if health problems were directly linked to exceeding pollution levels and countries’ failure to observe pollution limits.
The advocate general’s opinion was related to the case of an unnamed French plaintiff who was demanding 21 million euros in damages from the French government.
It claimed it failed to prevent harmful air pollution levels.
If the ECJ followed the opinion, the ruling would serve as guidance for courts in member states if they were confronted with similar cases.
The EU’s 27 member states had set themselves emission targets, but had a poor track record when it came to meeting these limits.
In 2019, the EU’s top court ruled that France had systematically breached air pollution limits.
In a similar ruling in 2021, Germany was found to have failed to reduce nitrogen oxide levels in major cities such as Berlin or Hamburg.
Judges at the ECJ were not obliged to follow the advocate general’s opinions, which were meant to provide impartial guidance to the justices, though the court often followed their advice.
A date for the final ECJ ruling had not yet been set.
(dpa)
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