The city of Munich must expect another lawsuit from the German Environmental Aid (DUH) and the German Traffic Club (VCD). On Wednesday, the city council decided at the request of the SPD to release nursing staff and shift workers by general decree from the driving ban on certain diesel cars that has been in force since Wednesday. You no longer have to apply for an individual exemption. This means that they are no longer obliged to prove whether they are actually on their way to work, for example by means of a certificate from the employer.
As a reminder: DUH and VCD had complained about compliance with the nitrogen dioxide limit values in Munich. The diesel driving ban, with all its exceptions, is a compromise that Mayor Katrin Habenschaden (Greens) negotiated with the plaintiffs. The blanket exceptions that have now been decided were not part of this agreement.
The Greens, actually coalition partners in the town hall, had submitted an application that also provided for relief for nursing staff and shift workers, but differed significantly from the SPD’s application in one point. The Greens suggested that those affected could apply for an exemption through their employer.
In addition, the administration should check whether a company can submit collective applications and whether only a one-time fee for all employees in shift or nursing service would be sufficient, for example in the amount of 50 euros, and whether there is any legally secure way, said groups in to take up the general decree. The Greens wanted to avoid another legal dispute, but they could not prevail.
The CSU, which is a declared opponent of the driving ban, also voted for the SPD application. “Of course it would be very tempting to have another big debate about the diesel driving ban and the associated botch in the implementation,” said CSU parliamentary group leader Manuel Pretzl. But now you have to come to terms with it.
The DUH said on Wednesday that it is now examining the city council’s decision. Her lawyer Remo Klinger had already threatened to sue if the city subsequently changed the agreement. A general decree, as it should now apply, harbors great potential for abuse.