Ruling Upholds Germans' Right to Clean Air

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Landmark Ruling Upholds Germans' Right to Clean Air

A landmark case upholding the citizen's right to non-polluted air could lead to local governments in Germany being held responsible for the health of their constituents and the cleanliness of their immediate environment.

Germany's Federal Administrative Court on Thursday, Sept. 27, overruled Munich's city administration in favor of the plaintiff Dieter Janecek in a case where the Munich resident held his local council responsible for the quality of the air he breathes.

Janecek, who lives on the busy Landshuter Allee in the Bavarian capital, began court proceedings against the city of Munich after complaining about the high levels of dust and fuel pollution in the air outside his home on the highly trafficked street.

While the court's decision included a clause that the city of Munich must take pollution analysis samples from outside Janecek's apartment before taking the necessary action, the plaintiff hailed the ruling as a complete victory. "Now every affected person across the country can sue for his right to breathe clean air," Janecek said in a statement outside the court in Leipzig.

The court ruling will force local authorities to draw up action plans to provide clean air and be ready to choose from a number of measures in the case of an inhabitant demanding action.

Full story, Source: DW-world

[stevewinn]

how can the Council be responsible for the quality of the air he breathes? why doesnt Dieter Janecek move to the country side, will they supply Dieter Janecek with an oxygen tent if the air isnt clean enough? i wonder if Janecek smokes some people have too much time on their hands.

Edited September 30, 2007 by stevewinn

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how can the Council be responsible for the quality of the air he breathes? why doesnt Dieter Janecek move to the country side, will they supply Dieter Janecek with an oxygen tent if the air isnt clean enough? i wonder if Janecek smokes some people have too much time on their hands.

They can stop traffic from going through the street he lives on, for example.

[stevewinn]

They can stop traffic from going through the street he lives on, for example.

where would the "stopped" Diverted traffic go, most probably down another route and the residents on that route will go to the same court, the judge will then make the council diverted the traffic to another route until in the end no-one can drive their car, do you see what i mean,

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where would the "stopped" Diverted traffic go, most probably down another route and the residents on that route will go to the same court, the judge will then make the council diverted the traffic to another route until in the end no-one can drive their car, do you see what i mean,

Well maybe my life long dream: Cities for people, not for cars?

[Mekorig]

The City Council can create local reglamentations for cleaners Buses, or new standards for cars selled inside the City. They could make zones of the city "now car" zones, they can create and incentive the use of bikes and other cleaner ways of transport, they an create laws to regulate smoking in public places (Here in Bs As we have a similar one whith good results). The City Council can make a lot of things to improve the living conditions of its citizens.

[Michelle]

Chattanooga has electric shuttle buses that travel around the downtown area from 6:30 a.m. to 11 p.m. that anyone can ride for free.

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Chattanooga has electric shuttle buses that travel around the downtown area from 6:30 a.m. to 11 p.m. that anyone can ride for free.

And here we have a sensible project. BTW so does Hydra Island in Greece and several small towns in Austria. Private cars are completely banned there.

[Michelle]

The city is a little too large to ban cars but there are plans to expand the service. If they do I could almost get rid of my car. We took it on a short trip out of town this past weekend and I noticed that I've only put 11,600 miles on it in ten years. When I have errands to run I map it out to do as little driving as possible.

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The city is a little too large to ban cars but there are plans to expand the service. If they do I could almost get rid of my car. We took it on a short trip out of town this past weekend and I noticed that I've only put 11,600 miles on it in ten years. When I have errands to run I map it out to do as little driving as possible.

I used to have a car when I lived in suburban Chicago, but going in with the Metra was faster and cheaper. The only time the car got moved is when we went to Crystal Lake shopping.

Same when I lived in Bonn, Germany. The public transport was so good, even to the other major cities in the area, that my car had about 3000 miles after 4 years.

[Mekorig]

Here in Bs As i use the public transport. Its far from perfect, and the buses still contaminate, but its still cheaper than using a car, and contaminate less.