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City officials can immediately ban diesel cars from German streets in areas where air pollution breaches legal levels. in a ruling that deals further blow to ailing sector
German cities can place immediate bans on diesel cars to cut air pollution in urban centres. according to one of Germany`s top courts.
In a landmark ruling that could affect millions of drivers and slash the value of diesel cars. judges at a court in Leipzig yesterday ruled officials can bypass national level laws and ban the most polluting cars from city streets with immediate effect.
The ruling applies to areas where air pollution exceeds legal limits. It upheld an earlier ruling made by regional courts in Stuttgart and Düsseldorf – two of Germany`s most polluted cities – that was appealed by federal authorities.
Environmental campaigners have launched multiple court cases against German authorities to tackle poor air quality. with the question centring on whether cities need to move further and faster than federal law if it means complying with EU law.
`Germany`s national law was preventing regional authorities from protecting people`s health.` said James Thornton. CEO at ClientEarth. the law firm that has played a central role in air pollution-related legal action across Europe. `But this exceptional ruling has made it absolutely clear that German cities have first and foremost to comply with EU law – and therefore have the power and the obligation to put diesel restrictions in place.
`This is another huge win for people and a clear example of courts stepping in where government action is found wanting.`
The court did stress any bans cities decide to implement should be proportional to the scale of the problem and must be phased in gradually. Bans can be applied to all diesels up to and including Euro 4. and from September 2019 can also include Euro 5 diesels.
The decision has major implications not just for city authorities across the country. but also for the German car industry which has long opposed a ban on diesel cars.
It puts further pressure on automakers to pivot their business model away from diesel cars. which after years of growth is now suffering falling demand and rising regulatory risk in the wake of the dieselgate scandal in 2015.
Meanwhile companies with corporate or delivery fleets may well be exposed to the risks diesel ownership poses to their operations in towns and cities across Europe – many are considering a switch to electric fleets to skirt the problem and cut emissions.
But the German government did try and reassure carmakers and diesel owners that bans are not inevitable. `The court has not issued any driving bans but created clarity about the law.` said Environment Minister Barbara Hendricks. `Driving bans can be avoided. and my goal is and will remain that they do not come into force.`
