In the legal dispute over dirty air in Munich, politicians of the Bavarian state government do not have to fear compulsory detention. The European Court of Justice (CJEU) did not rule out the measure in a judgment on Thursday, but it did create high hurdles. Compulsory detention could only be imposed if there was "a sufficiently accessible, precise and predictable legal basis for its application" in German law. In addition, the principle of proportionality had to be observed (Az: C-752/18).
The German Environmental Aid (DUH) had applied for compulsory detention against public officials because the Bavarian state government of Prime Minister Markus Söder (CSU) refused to present a court-ordered concept for diesel driving bans in Munich.
Requirements for compulsory detention exist according to DUH
The case is currently being heard by the Bavarian Administrative Court, which brought the matter to the ECJ. The Munich judges wanted to know whether the application for compulsory detention "is possible or required under EU law". They pointed out that the imposition of compulsory detention is excluded for domestic constitutional reasons.
The CJEU stated that there must be a legal basis for the issue of compulsory detention in national law. Such a measure must also be proportionate. The Bavarian Administrative Court should now examine whether these requirements are met. According to the DUH, both prerequisites are met, explained Managing Director Jürgen Resch.