PATRIZIA DE PASQUALE, ‘Environmental Francovich’? That will be for another time. Some remarks on the judgment Ministre de la Transition écologique

ABSTRACT – The limit values for air quality, imposed by the European Union by Directives 80/779/EEC, 85/203/EEC, 96/62/EC, 1999/30/EC and 2008/50/EC, are not intended to confer individual rights on individuals, nor do they confer on them a right to compensation against a Member State for any damage to health caused by their being exceeded. In a nutshell, this is the conclusion reached by the Court of Justice in its judgment Ministre de la Transition écologique y Premier ministre (22 December 2022, Case C-61/21, Responsabilité de l’État pour la pollution de l’air). The Court confirms a rather cautious approach, according to which the protection of the environment is to be ensured only through systemic remedies (such as infringement proceedings) and does not impose an explicit recognition of a right, capable of giving rise to the Member State’s liability to compensate individuals for damage resulting from its violation.


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