ECJ rejects class action for lower exhaust emission limits for cars

Instead of blanket arguments, plaintiffs would have to prove damage individually

EU citizens can not demand a lump sum lower emission limits for cars. The First Instance Court of the European Union (ECJ) in Luxembourg dismissed a class action of 1,429 persons on Friday, 4 May 2018 as insufficiently substantiated (Ref .: T-197/17). The applicants have not explained to what extent they individually suffer from car exhaust emissions and to what extent the burden of lower limits would in fact already be lower.

With a regulation from 2016, the European Commission reacted to the exhaust gas scandal. The core is measurements in real driving, so that the values ​​collected can not be manipulated by fraud software. However, the new test procedure only applies to the approval of new vehicle types. The limit values ​​to be observed here are higher than the previous limit values.

Before the ECJ, the new regulation is being attacked by three European capitals and also by many citizens.

The cities of Paris (ref .: T-339/16), Brussels (ref .: T-352/16) and Madrid (ref .: T-391/16) want to overturn the new rules, so that the former limits continue to apply. They claim that the European Commission is not responsible. In addition, the Regulation infringes the principles of legal certainty and the protection of legitimate expectations and violates the objective of a high level of environmental protection enshrined in the EU Charter of Fundamental Rights. The ECJ has not yet decided on these actions, the hearing is scheduled for 17 May 2018.

With another class action lawsuit, 1,429 citizens, mostly from France, demanded compensation. The higher limits led to poorer air quality and thus to a deterioration in their health. They have therefore been deeply concerned about their environment and are losing confidence in the EU's efforts to counter environmental degradation.

This complaint was rejected by the ECJ. In support of the ruling, the Luxembourg judges declared that compensation by the EU could only be considered in the case of a "qualified violation of a legal provision". In doing so, it must have suffered damage demonstrably attributable to the misconduct of an EU institution.

However, the plaintiffs had not shown any individual damage here. Although the very numerous plaintiffs lived and lived under different conditions, they argued only on a flat-rate basis and did not submit any personal points of view regarding their individual emissions and health situation, complained the ECJ.

It is also unclear whether lower limit values ​​would actually lead to a more rapid reduction in exhaust emissions. Similarly, it may be that drivers keep their old cars longer, because cars that meet the strict limits, are still too expensive.

The legality of the regulation is not decided, the ECJ emphasized. "The dismissal of the class action lawsuit by 1,429 natural persons does not prejudge the outcome of the actions brought by the cities of Paris, Brussels and Madrid against the Commission's Regulation." In addition, the class action operators may appeal to the European Court of Justice (ECJ). mwo