Residents of busy streets could breathe a sigh of relief, Munich’s mayor Dieter Reiter (SPD) announced in July last year. At that time, the city discovered that the EU limit for nitrogen dioxide (NO₂) was only exceeded in two places – on Tegernseer Landstrasse and Landshuter Allee. The limit is 40 micrograms of NO₂ per cubic meter of air. And because it assumed that the annual average value would only be exceeded minimally, if at all, the city council temporarily suspended a driving ban for diesel vehicles with emissions class Euro 5 from October 2023. The abolition of most exceptions to the driving ban from April 2024 was apparently off the table.
But now it looks as if the debate is not over yet. Because the State Office for the Environment (LFU) now has its preliminary annual report published about its measurements. And according to this, the measuring point on Landshuter Allee exceeds the limit again – and more clearly than the city had hoped. The exposure is therefore 45 micrograms, i.e. twelve and a half percent above the permissible value. The German Environmental Aid (DUH) and the Verkehrsclub Deutschland (VCD) see their skepticism confirmed and are sticking to their lawsuit against the city.
As a reminder: DUH and VCD initially sued the Free State for compliance with the limit value. After responsibility was transferred to the municipalities, the city of Munich essentially inherited the legal dispute. In a settlement, it was agreed on a three-stage driving ban for diesel vehicles within the environmental zone expanded to include the Middle Ring. Since February 2023, only the first stage, which slows down Euro 4 diesel, has still been in effect, with a whole catalog of exceptions applying, for example for tradesmen, people visiting the doctor, taxis and many others.
When the city council decided against tightening the rules in the summer, it assumed an annual average value on Landshuter Allee of 41 micrograms for 2023. The majority, including the Greens, therefore considered a stricter ban to be disproportionate.
It was hoped that further positive effects would come from a new bus lane on Landshuter Allee and from the air filters installed there in November 2021, but these apparently do not have a sufficient effect – a scientific evaluation is still pending.
Then, in October, DUH and VCD filed a lawsuit again, alleging a breach of the agreement with the city. The hearing is scheduled to take place before the Administrative Court on March 14th this year. “The second stage of the concept for diesel driving bans must be implemented immediately. The third stage, with significantly fewer exceptions, also appears to be necessary given the current status of NO₂ pollution,” says the DUH.
The mayor is reserved – and refers to the climate department
According to the DUH, the Munich government coalition deliberately exposed all Munich residents to additional health risks on the explicit orders of Mayor Dieter Reiter, “in the mistaken belief that they would be able to score points in the Bavarian state elections.”
And what’s next in the city? The mayor is holding back from making specific statements. “The Department for Climate and Environmental Protection will present the technical forecast for the further development of air values in 2024 at the end of the first quarter,” Reiter said. “On this basis, the department will recommend further action to the city council.”
The SPD parliamentary group agrees with this. “At the same time, we reject driving bans that are too strict, which primarily burden commercial traffic and people with small wallets,” says parliamentary group leader Anne Hübner.
At that time, the CSU was completely against the driving ban. State parliament member Robert Brannekämper, himself a diesel driver, even filed a lawsuit against it almost a year ago. But there is still no date for the trial.