In Frankfurt, there will be no driving bans for older diesel cars. The Hessian administrative court rejected an emergency application filed by the German environmental aid (DUH) on an arrangement of the driving ban. Only a final judgment in the dispute had to be felled.
The attitude of the administrative court of Kassel it is forbidden to a setback for proponents of driving. Recently, the courts had ordered in a whole series of towns, bans on driving, or as a possible agent in the space provided – for example, in Aachen, Berlin, Cologne, Stuttgart, Düsseldorf and Mainz.
application for a temporary injunction for DUH “Test”
The managing Director of the DUH, Jürgen Resch, was the decision of the court, but unimpressed. That the dispute in the second instance, would be normal. The emergency appeal was a “Test” to make additional pressure, he said.
The request was rejected by the court because of him not credible, had been made that the bans are for the benefit of the health of the inhabitants is urgently needed. About the health effects of nitrogen oxide, there is only one uncertain data basis.
judge doubt surprised at the judgment of the administrative court of Wiesbaden
This Position. According to a Report from the European environment Agency EEA air pollution is the main reason for premature deaths in 41 European countries, as the main source of the report calls on the road. Especially fine particulates and oxides of nitrogen are suspected to cause respiratory problems, lead to cardiovascular diseases or cancer, and shorten the service life.
at the same time, the court allowed the state of Hesse’s appeal against the judgment of the administrative court of Wiesbaden, the driving bans for diesel cars with older Euro 4 had ordered engines from February 2019. There is serious doubt as to the correctness of the decision in the first instance, informed the court.
Exceeding the limit values is not enough for judges
Therefore, the judgment is verified in the next instance. That’s not going to happen well before February, so that the driving bans were in effect at that time, explained a spokesman. In Frankfurt, the burden of harmful nitrogen is oxide above the EU limit of 40 micrograms per cubic meter of air.
Exceeding The limits is not sufficient alone, be prohibited for the application of zone-related driving, founded the Kassel court for its decision. They were only as a means of last resort. In the particular case had to be determined whether the proposed measures were not sufficient as the switch to electric buses and the Development of Cycling routes, to meet the limits.