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Smog in the French capital Paris
Photo: Gudella / YAY Images / IMAGO
The French state faces a fine of millions for health damage caused by air pollution.
A resident of the Paris metropolitan area had filed a lawsuit because the dirty air had damaged his health.
He demands 21 million euros from the responsible authorities.
The French state did not ensure that the EU limit values for air quality were complied with.
The competent court in Versailles has now asked the ECJ to interpret EU law.
According to the opinion of the European Court of Justice (ECJ) published this Thursday, the French state could actually have to pay compensation to citizens if European limit values for air quality were violated.
However, in individual cases, a medical report must be used to prove that health problems have been caused by air pollution.
Indeed, in 2019, the ECJ found that the threshold values for nitrogen oxides (NO2) in the Île-de-France conurbation had been exceeded since 2010.
According to the ECJ, the Council of State in Paris also found that the values were not consistently met up to 2020, and that there was too much fine dust in the air in previous years.
Claims for damages also possible in Germany
Since the aim of EU air quality rules is to protect health, individual citizens can assert their rights and claim damages, the report says.
However, it must be sufficiently proven that the damage was actually caused by a long stay in the bad air.
The state's air quality plans also play a role in the decision.
The opinion is not binding for the ECJ, but judges often follow the line in their judgment.
The judgment could also be relevant for Germany.
The European Court of Justice condemned Germany last year because the limit values for the air pollutant nitrogen oxide had been significantly exceeded in many cities for years.
The limit values were "systematically and continuously" exceeded in 26 cities from 2010 to 2016.
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