As of: 09/26/2022 4:07 p.m
The limit value for particulate matter in the EU is five times higher than the recommendation of the World Health Organization (WHO). Several citizens from big cities are complaining to the constitutional court for stricter requirements – they fear for their health.
With the support of the German Environmental Aid (DUH) and the organization Client Earth, seven citizens are appealing to the Federal Constitutional Court to oblige the Federal Government to impose stricter limits on clean air.
As the DUH announced on Monday, the seven complainants live in the cities of Berlin, Düsseldorf, Frankfurt am Main and Munich in the immediate vicinity of measuring points with particularly high levels of nitrogen oxides and particulate matter. According to the complaint, there are four adult and three minor complainants, who are represented by adults.
Protect children from health damage
The complainant from Düsseldorf, who does not wish to publicly reveal her full name, is representing her two children in court. “I am complaining mainly for my two children. Even in the city, children must be able to grow up healthy without getting sick from air pollution,” she said, according to the DUH announcement. She sees the federal government as having a duty to protect their children from damage to their health, which they would suffer for the rest of their lives.
Munich-based Volker Becker-Battaglia, who says he suffers from asthma, is also demanding more protection from the federal government. “There are many ways and measures to reduce air pollution. What is missing is the political will to actually implement them,” he said. The common thing about air pollution is that you can’t see it – that’s why many people ignore it.
WHO has tightened limits for particulate matter
Lawyer Carolin Douhaire, who is responsible for the legal process, called for the legislator to review and tighten the applicable protective measures in the light of scientific findings. She referred to the recommendations of the World Health Organization (WHO) for nitrogen oxide and particulate matter limits, which had already been significantly tightened last year. For particulate matter, the EU guideline values, which also apply to Germany, are significantly higher than the WHO recommendations.
EU limit five times higher than WHO recommendation
The EU limit value for fine dust with a particle size of 2.5 micrometers, PM 2.5 for short, is 25 micrograms per cubic meter of air. Since last year, the WHO has only recommended five micrograms, i.e. one fifth of the currently permitted value. For nitrogen dioxide, the WHO recommends reducing the value to a quarter of the previously applicable value, from 40 to 10 micrograms on an annual average.
In June 2021, the European Court of Justice in Luxembourg had condemned Germany for bad air. Over time, air pollution can lead to health problems such as cardiovascular or respiratory diseases.