Munich must improve on diesel bans: Speed limit of 30 km/h on the ring is not enough
The city of Munich must immediately amend its air quality plan and impose diesel driving bans. The Federal Administrative Court has decided this by rejecting the city’s non-admission complaint, making the ruling of the Bavarian Administrative Court final. This confirms that the city of Munich is violating applicable law by implementing a speed limit of 30 km/h instead of the diesel driving bans ordered by the court. In April 2024, the Munich City Council, led by Mayor Reiter, decided to introduce a speed limit of 30 km/h on Landshuter Allee, although the Bavarian Administrative Court had ordered diesel driving bans for Euro 5 vehicles as a necessary measure to comply with nitrogen dioxide limits. The German Environmental Aid (DUH) and the ecological transport club VCD had previously sued against the weakening of the air quality plan.
"The Federal Administrative Court has now definitively clarified that the city of Munich ignored judicial requirements and endangered the health of its citizens. The attempt to evade the necessary diesel bans with a speed limit of 30 km/h was unlawful. Mayor Reiter committed this breach of law and must now take action to improve air quality in Munich. We urge the Munich City Council and Mayor Reiter to immediately implement the ruling of the Bavarian Administrative Court and introduce the necessary driving bans to protect public health and ensure compliance with already overly lax statutory limits," appeals Jürgen Resch, federal managing director of DUH.
Attorney Remo Klinger, representing DUH and VCD in the proceedings, added that Munich is the last German city failing to comply with air quality limits, and also the only city in Germany with multiple convictions regarding this issue. Michael Müller-Görnert, transport policy spokesman for VCD, urged that health protection must take precedence over the protection of automobile mobility and regretted that courts must repeatedly clarify this.
"Now the city should invest its efforts in expanding sustainable mobility in Munich," demanded Müller-Görnert.
Background: Twelve-Year Legal Dispute
In the legal dispute over clean air in Munich that has been ongoing since 2012, the VCD, the DUH, and the city of Munich reached a settlement on October 6, 2022, whose centerpiece is a three-tiered concept for diesel driving bans. The settlement came into effect following the decision of the Munich City Council. After the 8th update of Munich's clean air plan, which includes all measures contained in the settlement, came into force, the VCD and the DUH declared their respective proceedings before the Bavarian Administrative Court and the Bavarian Administrative Court Munich to be resolved on December 28, 2022.
However, on July 26, 2023, the Munich City Council decided to amend the 8th update of the clean air plan and to weaken the phased plan for diesel driving bans. The arguments submitted by DUH and VCD within the framework of public participation were ignored, and the amendment was enacted by the City Council on September 28, 2023. Consequently, the VCD and DUH filed a lawsuit again in October 2023. The Administrative Court granted this lawsuit and stated that the city could only choose between zonal and route-based driving bans for diesel vehicles of emission standard 5/V.
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