The Bavarian Administrative Court (VGH) has decided: The city of Munich must comply with the EU limit for nitrogen dioxide in Munich as quickly as possible. That’s according to the judges a zonal driving ban for Euro 5/V diesel the most effective measure to effectively reduce the increased nitrogen dioxide levels on Landshuter Allee and maintain the required value this year.
Reiter: Exclusion of Diesel-5 from the low emission zone is not proportionate
A route-specific ban, as favored by Mayor Dieter Reiter, could only have an effective effect in combination with the existing zonal driving ban for Euro 4 diesel. Zonal means that Euro 5 diesels are no longer allowed to drive on the Middle Ring and in the city center. Route-related means that the vehicles would only be excluded from the streets where the nitrogen dioxide values are too high, i.e. from Landshuter Allee. However, the solution described by Reiter would result in complex urban regulations that, in the opinion of the judges, would minimize the desired effect.
Munich’s mayor emphasized in a press release that protecting people’s health is the top priority for the city of Munich. Nevertheless, Reiter explained: “Since the limit values are only exceeded at two measuring points, I do not consider it proportionate to exclude all Diesel 5 vehicles from the entire low-emission zone.” A route-specific ban on Diesel 5 vehicles, which only applies to the affected road section, will also lead to an improvement in air quality and compliance with the limit values, says Reiter.
Decision on concrete measures probably in April
The Munich City Council will make a decision on what the specific measures should look like at its general meeting at the end of April.
The German Environmental Aid (DUH) and the Verkehrsclub Deutschland (VCD) had sued the city of Munich. The accusation: The state capital is not implementing the air quality plan sufficiently. The limit values for nitrogen oxides and fine dust are not met. In this way, the organizations wanted to force a court-ordered improvement.
Until now, there was a zonal driving ban in Munich for diesel with emissions class Euro 4 and worse on the Mittlerer Ring and in downtown Munich.
Stricter driving bans should actually come sooner
The driving ban was actually supposed to be extended to Euro 5 diesel vehicles in October 2023. This was a compromise that the city of Munich had negotiated with DUH and VCD after an earlier lawsuit. Last fall, however, the city council decided differently and decided to leave it at the first stage of the ban for now – even though the limit values were still not being adhered to at all measuring points.
Especially Landshuter Allee regularly exceeds the limit of 40 micrograms of nitrogen dioxide (NO₂) per cubic meter of air. The hope was that the limit value should be adhered to over the entire year. But the optimism did not come true: the EU limit value is still exceeded at two measuring points in the city.