Diesel judgment

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Diesel judgment
Logo of the Federal Administrative Court on its decisions
announced
February 27, 2018
Case designation: Step revisions of the states of North Rhine-Westphalia (Az. 7 C 26.16) and Baden-Württemberg (Az. 7 C 30.17) against court decisions of the first instance by the administrative courts of Düsseldorf and Stuttgart to update the clean air plans in Düsseldorf and Stuttgart
Reference: https://www.bverwg.de/pm/2018/9
statement
Clean air plans in Düsseldorf and Stuttgart: Diesel traffic bans possible in exceptional cases
Judge
Andreas Korbmacher , Martin Brandt , Robert Keller , Franz Schemmer , Holger Böhmann and Klaus Löffelbein .
Applied Law
Immission control law

With the so-called Diesel judgment (judgment of February 27, 2018, file number BVerwG 7 C 26.16 and file number BVerwG 7 C 30.17) , the 7th appeal panel of the German Federal Administrative Court (BVerwG) decided on February 27, 2018 on the leap revisions of the states of North Rhine-Westphalia (Az. 7 C 26.16) and Baden-Württemberg (Az. 7 C 30.17) against first instance court decisions of the administrative courts of Düsseldorf (VG Düsseldorf, 3 K 7695/15 - judgment of September 13, 2016) and Stuttgart (VG Stuttgart, 13 K 5412 / 15 - Judgment of July 26, 2017) on the update of the air pollution control plans in Düsseldorf and Stuttgart according to the Federal Immission Control Act . The two jump revisions were rejected. At the same time, the traffic ban for diesel vehicles below emission class Euro 6 and for vehicles with petrol engines below emission class Euro 3 was declared permissible. German municipalities can independently issue diesel driving bans for certain diesel vehicles as well as for certain vehicles with petrol engines.

Germany's obligation to comply with the nitrogen dioxide limit values ​​from Directive 2008/50 / EC on air quality and clean air for Europe as quickly as possible was thus confirmed by the court. This was justified with the case law of the Court of Justice of the European Union that national law is not applied if this is necessary for the full effectiveness of Union law .

The case was decided by the 7th Revision Senate of the Federal Administrative Court, which consists of five professional judges and is responsible for waste law, nuclear and mining law, as well as environmental protection law, including immission control law. The judgment was given by the presiding judge, Andreas Korbmacher . The other judges were Martin Brandt , Robert Keller , Franz Schemmer , Holger Böhmann and Klaus Löffelbein .

Individual evidence

  1. ↑ a b Federal Administrative Court: Press release no. 68/2010 of August 3, 2010: Martina Eppelt, Richard Häußler and Martin Brandt new judges at the Federal Administrative Court online
  2. ↑ a b Federal Administrative Court: Press release No. 44/2015 of June 3, 2015: Carsten Günther and Franz Schemmer new judges at the Federal Administrative Court online
  3. ↑ a b Federal Administrative Court: Press release No. 48/2016 of June 8, 2016: Holger Böhmann new judge at the Federal Administrative Court online
  4. ↑ a b Federal Administrative Court: Press release No. 33/2017 of May 9, 2017: Klaus spoonbone new judge at the Federal Administrative Court online
  5. ↑ a b c d Federal Administrative Court: Business allocation plan of the Federal Administrative Court for the 2017 financial year (as of May 1, 2017), page 9 (composition of the revision panels) online
  6. ↑ Diesel judgment: consumer advocates call for more pressure on automakers March 1, 2018, on ZEIT ONLINE
  7. ↑ According to the Diesel judgment. Anyone who screwed it up should pay February 28, 2018 on tagesschau.de
  8. ↑ Possible driving bans. Handwerk warns of bankruptcies after Diesel judgment Wednesday, February 28, 2018 on spiegel.de
  9. ^ Philipp Vetter: Diesel judgment. This man decides on driving bans in Germany February 27, 2018 on welt.de
  10. ↑ Birgit Baumann: Millions of Germans tremble before the verdict on the diesel driving ban on February 27, 2018 on derstandard.de

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