Application for a temporary injunction failed: no diesel driving bans in Frankfurt

In Frankfurt, there will be until a final judicial clarification, no diesel driving bans. The Hessian administrative court (VGH) rejected on Tuesday an application for a temporary injunction of the German environmental aid (DUH). She had wanted to enforce the driving ban, despite the ongoing legal dispute with the country 1. February 2019 to be implemented. At the same time, the VGH allowed the appeal of the state of Hesse against the judgment of the administrative court of Wiesbaden, because of “serious doubts as to its accuracy”. (Reference 9 A 2037/18.Z and 9 B 2118/19)

An Exceedance of the pollutant limit values in the air would not be prohibited automatically to the imposition of driving, said a VGH speaker. Because neither the pollution control act nor the underlying EU Directive obligated the country to minimize pollutants. Instead, the compliance of the average nitrogen dioxide limit value. Driving bans would be only as a last resort, in order to achieve these limits. Previously, all the other steps and route-related driving bans would have to be tested. A case of urgency, did not see the judge, because of the health danger to local residents identified on the affected routes, nor a rating.

“joy and relief” in Frankfurt

the decision of The administrative court of Wiesbaden from September had provided a large-scale ban on driving in Frankfurt for older cars. Specifically, were affected, therefore, first of all, from February 2019 to diesel vehicles with Euro 4 engines as well as gasoline, the pollutant classes 1 and 2. 1. September Euro-5 should be Diesel off-limits. The German environmental aid had sued because of the Exceedance of nitrogen oxide threshold values against the state of Hesse.