Administrative court of Stuttgart is to get Serious with a Diesel-driving bans: More Urgency against a ban up to Euro-4 Diesel rejected
Stuttgart with Diesel passenger Cars up to Euro 4 exhaust emission standard must leave their cars. The Stuttgart administrative court dismissed on Friday, 5. In April 2019, several directed against Urgency (Az.: 17 K 1831/19 and more). “The court considers that no serious doubts as to the legality of the Verkehrsverbots“ exist;, it was said to the grounds.
The ban applies in the entire Stuttgart city area, yet only for engines of Euro 4 exhaust gas standard and poor. For residents of the state capital, this is true since 1. In April 2019, for Foreign been three months since the beginning of the year.
The applicant motorists claimed that the ban was inadmissible and disproportionate, the chosen limit value for nitrogen oxide is outdated, and the locations of the measuring points is faulty.
In contrast, the administrative court stressed now, the limits are “mandatory-to-implement Unionsrecht“ and to note, therefore. German road traffic law can’t change that.
The criticism of the locations of the measuring points was not in any case so serious that it could bring the arrangement of the driving ban. Diesel drivers is it reasonable to consider this at least for the time being, so it is up to a RES judicata of the main judgment.
In addition, the administrative court referred to a “comprehensive catalogue of Ausnahmetatbeständen“. Personal circumstances, which had made a part of the plaintiffs claim not be considered, therefore, in the case of the ban itself, but in the context of the issuance of special permits.
Against this Eilbeschlüsse the Diesel can load drivers still appeal to the administrative court of Baden-Württemberg in Mannheim. The had, however, already on 9. November 2018 reaffirms that the measures would not be sufficient, and therefore, driving bans, but also for Euro 5 engines starting in September 2019 requested (Az.: 10 S 1808/18 and 10 S 2316/18; JurAgentur message from the 12. November 2018).
With his uncompromising demand for Diesel vehicles, the Stuttgart administrative court had already prohibited on the 28. July 2017 for nationwide caused quite a stir (Az.: 13 K 5412/15; JurAgentur message of judgment day). Even drastic but effective traffic restrictions could never be disproportionate; the right of residents to life and health weighing increasingly difficult as property, and freedom of action of the motorist.
27. February 2018 had kept the Federal administrative court such driving bans, in principle, admissible – for Euro 4 Diesel and older immediately, for Euro-5 Diesel from September 2019 (Az.: 7 C 30.17; JurAgentur message of judgment day). This demand of EU law, the duration of Limit value violations, “as short as möglich“ to keep.
The city of Stuttgart and the state of Baden-Württemberg want to check in mid-2019, the development of the measured values, and then a driving ban for Euro 5 Diesel to decide. mwo