In the dispute over driving bans in Munich Bavaria Prime Minister Markus Söder must fear no compulsory liability. This means for politicians or public officials to comply with EU law is not possible for lack of legal basis in Germany, said the responsible Advocate General at the European Court of Justice in Luxembourg.
Background is a case before the Bavarian administrative court. The German environmental aid had requested the compulsory insurance, because Bavaria has not implemented a legally valid judgment of the Administrative Court of Munich in 2012 on possible driving bans. Restrictions on diesel vehicles should, from the point of view of the environmental association, help to reduce exposure to nitrogen oxides below valid EU limits.
"He is right," Söder commented on the assessment of the ECJ Attorney-General Henrik Saugmandsgaard Øe. The CSU boss pointed out, however, that this was not yet a verdict. It is expected in a few weeks.
ECJ expert names Bavaria's refusal "serious"
Under EU law, "all necessary measures" must be taken to ensure compliance with the relevant directive. But does that include coercive liability? The Advocate General said in his opinion: No.
Admittedly, the refusal of the Free State of Bavaria to implement the judgment could have serious consequences, including for the health and lives of the people. The lawyer considers it "serious" not to implement a final court decision.
However, compulsory liability without clear legal regulation in Germany would be contrary to the Charter of Fundamental Rights of the European Union, which also guarantees the right to freedom, the expert said. It is a matter for the national legislature whether he considers a legal regime for forced labor to be desirable.
At European level, there is already a coercive means, namely the infringement procedure, said the Advocate General. According to this, the European Commission can sue EU states that do not comply with European law. In fact, the ECJ is already dealing with such a lawsuit against Germany, precisely because of air pollution in Munich and other cities. In such proceedings, the ECJ can ultimately impose very high penalties.
