CJEU to rule on air pollution case against UK

The Court of Justice of the European Union (CJEU) will today hear a civil case against the UK government. The hearing is taking place in Luxembourg following legal action being taken against the government for breaching air quality limits in many areas of the UK. 

ClientEarth previously won a UK Supreme Court judgement against the government, which stated that it is failing in its legal duty to achieve limits for air pollution, such as nitrogen dioxide, which is mainly created by diesel exhausts. Following this win, senior judges requested that the CJEU fast-track a ruling that decided on the exact meaning of some of the provisions listed in the EU Air Quality Directive, reports Click Green.

It is expected the CJEU's judgement on what the Air Quality Directive entails will be delivered before the end of this year. Once the ruling is made, it will be binding in UK courts, as well as within the courts of the 28 EU member states. The case will return to the UK Supreme Court at the start of 2015 for a final ruling to me made.

The UK government faces huge fines for failing to reduce air pollution levels in line with EU targets; however, it yesterday (Wednesday July 9th) delivered a new report that suggested the forecast for air quality still exceeds the EU directive. The government has blamed European law-makers for this failure to meet targets, as they have not provided the needed to tools to tackle the problem.

Official figures reveal that three urban areas in the UK - west Midlands, Greater London and west Yorkshire - won't meet with the air quality limits set by the EU until after 2030. There is not, as of yet, a forecast that gives an exact date for when pollution levels in these areas will fall below the targets.

Alan Andrews, ClientEarth lawyer, said: “The UK government claims that 2025 is the earliest it can possibly achieve legal limits that have been in force since 2010. The European Court’s ruling could force them to take urgent action to cut pollution from diesel vehicles much sooner. The best way to achieve this is a national network of Low Emission Zones."