Judgment in Leipzig: cities may Diesel-driving bans impose

The much anticipated judgment of the Federal administrative court in Leipzig is like: cities may, in the future, Diesel-driving bans impose, if it is different, no way to Comply with the emission limit values see. There must be, according to the judges, not new Federal regulation. A reason to panic for the drivers of Diesel Cars, the judgment is not yet, because the impact in practice should first be awaited.

The judgement shows by no means that in the future there must come, in cities and municipalities to Diesel-driving bans. In addition, the judges require that there will be various restrictions – for example, exemptions for Diesel Cars with efficient exhaust gas purification, which meet the requirements of emission standards Euro 5 or Euro 6. The competent judge warned the cities, therefore, equal in the judgment on proportionality, and moderation in the application of driving bans. It stresses that the Euro 5 Diesel, at the earliest, from 1. September 2019, the driveway shall be denied in cities. Exceptions for craftsmen and certain residents groups are Convinced that the judge is also required.

What allows you to judge at the moment, therefore, is not more than a limited traffic ban on older Diesel Cars, the emission standards Euro 4 and older in individually reported zones or routes. Younger vehicles with emission standard Euro 5 at the earliest, from 1. September 2019 to be affected, possible driving bans for all of the latest Euro 6 Diesel is in the judgment of the Federal administrative court, not a single syllable of speech.

Furthermore, it is unclear how possible Diesel-driving bans should be controlled. Since lay people can look at a Car, neither the engine concept and its emission standard would have to control your theoretically in the case of any vehicle a look in the papers. Full-length the official press release reads for today’s judgment, as follows:

Clean air plans, Düsseldorf and Stuttgart: Diesel-traffic bans, exceptionally, possible

With two Judgments of the Federal administrative court in Leipzig has rejected today the jump in revisions to the country North Rhine-Westphalia (BVerwG 7 C 26.16) and Baden-Württemberg (BVerwG 7 C 30.17) against first instance court decisions of the administrative courts of Düsseldorf and Stuttgart to update the air quality plans, Düsseldorf and Stuttgart. However, are prohibited in the testing of Transport for Diesel-motor vehicles-of-court provisions, in particular, to preserve the proportionality.

The administrative court of Düsseldorf has obliged the state of North Rhine-Westphalia, on application by the German environmental aid, to change the clean air plan for the city of Düsseldorf so that it contains the necessary measures for the fastest possible compliance with of the year average limit value for nitrogen dioxide (NO2) in the amount of 40 µg/m3 in the urban area of Düsseldorf. The defendant was under a duty to examine Amendments to the clean air plan further measures for the limitation of emissions of diesel vehicles. Limited driving bans for certain diesel vehicles are not legally and actually excluded.

The Stuttgart administrative court obliged the state of Baden-Württemberg, to complement the air quality plan for Stuttgart so that it contains the necessary measures for the fastest possible compliance with the over a calendar year averaged ambient air quality limit value for NO2 of 40 µg/m3 and the hourly limit value for NO2 of 200 µg/m3 with a maximum of 18 permitted Exceedences in a calendar year in the environmental zone Stuttgart. The defendant had to pull a year-round traffic ban for all motor vehicles, with diesel engines below the Euro 6 emission class, as well as for all motor vehicles with gasoline engines that are below the emission class Euro 3, in the emission zone of Stuttgart.

The administrative court judgments are not objectionable, against the Background of European Union law, for the most part. Union law and Federal law obliges it, in clean air plans included appropriate measures in the period is Exceeded, the since 1. January, 2010, the applicable limits for NOso short as possible to keep.

Contrary to the assumptions of the administrative courts, the Federal law allows zones – as route-specific traffic bans, especially for Diesel-motor vehicles. According to the Federal legal regulation on the marking of vehicles with a low contribution to the pollutant load (“plaque control”) is prohibited, the adoption of Traffic, which link vehicles to the emission behaviour of motor, in the case of the clean air planning rather only according to the requirements is possible (red, yellow, and green sticker).

With a view to the Union’s legal obligation to as quickly as possible, compliance with the NO2 limit values of the European Union, however, results from the case-law of the court of justice that national legislation whose Union is not legally compliant interpretation is possible, must remain unapplied, if this is necessary for the full effectiveness of Union law is required. Therefore, the “plaque control”, as well as the highway code remain, to the extent that they are contrary to the obligation to compliance with the Limit values, set aside, when there is a traffic ban for Diesel vehicles is the only appropriate measure to keep the period of non-compliance with the NO2 limit values as short as possible.

In terms of the clean air plan Stuttgart has the administrative court found in fact that only a traffic ban for all motor vehicles, with diesel engines below the Euro 6 emission class, as well as for all motor vehicles with gasoline engines that are below the emission class Euro 3 measure is in the environmental zone Stuttgart a suitable clean Air.

In the case of the adoption of this measure, however, will be – as in all in a clean air plan measures are incorporated to ensure that the Union’s legislation, the principle of proportionality is respected. To the extent that a phase manner is prohibited in terms of the environmental zone Stuttgart introduction of Traffic, which in a first stage, only older vehicles (approximately up to the emission standard Euro 4) subject to check. For the production of proportionality, Euro-5 vehicles may in any case not before 1. September 2019 (i.e. four years after the introduction of the Euro 6 emissions standard) Traffic restrictions will be assigned. In addition, there is a need for reasonable exceptions, e.g. for craftsmen, or certain residents groups.

In terms of the clean air plan Düsseldorf has the administrative court found that measures to limit diesel emissions have not been seriously taken into view. This will have to catch up on the defendant. Results in the test, that driving bans for Diesel vehicles as the only appropriate measures for the fastest possible compliance with exceeded the NO2-limit values, these are in compliance with the principle of proportionality to consider.

The highway code allows for the signage in both zonal as well as route-specific Traffic restrictions for Diesel-motor vehicles. The enforcement of such prohibitions, although more difficult compared to a “plaque control”. This however, does not lead to the illegality of the scheme.

BVerwG 7 C 26.16 – judgment of 27. February 2018

Lower court:

VG Düsseldorf, 3 K 7695/15 – judgment of 13. September 2016 –

BVerwG 7 C 30.17 – judgment of 27. February 2018

Lower court:

VG Stuttgart, 13 K 5412/15 – judgment of 26. July 2017 –

[resources : bimmertoday.de]
by : klonr.com