A previous rejection by the state capital of Munich to reduce fine dust particles was unlawful, decided the Federal Administrative Court in Leipzig by the end of September 2007.

The plaintiff demanded the conviction of the Bavarian capital to take traffic regulating measures, in order to limit the amount of fine dust particles created by traffic around his domicile. At a measuring point near his flat the legal limit value was substantially exceeded in the past.

The capital of Munich declined to take such measures, arguing that at first the state of Bavaria had to put up an action plan for keeping the air clean. The Bavarian Higher Administrative Court held backed this refusal.

On the revision of the plaintiff, the Federal Administrative Court has now rescinded this judgment. As the Federal Administrative Court has ascertained already in a previous decision from March 29th, 2007 the free state Bavaria is obliged to put up an action plan.

As long as the state does not follow to his duty, the local authorities may not abstain from enacting single measures to ward off health interferences by fine dust. The affected person can insist that the authorities intervene when limit values relevant for health are exceeded. Then they must choose among several legally possible measures. A commensurable measure, for example, would be a diversion for heavy goods vehicles.

Source: Bundesverwaltungsgericht, BVerwG 7 C 36.07, judgment from the 27th September, 2007.