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The administrative court of Hesse : environmental assistance fails with application for a temporary injunction for driving bans in Frankfurt

The German environmental aid (DUH) is prohibited with an application for a temporary injunction on the enforcement of driving in the city centre of Frankfurt-on-Main failed. The Hessian administrative court rejected the application on the grounds that Exceeding of limit values alone is not sufficient to impose driving bans. At the same time, the court of appeal of the state of Hesse and Frankfurt against the original judgment of the administrative court of Wiesbaden to the driving ban. (Az. 9 A 2037/18.Z and 9 B 2118/19)

The DUH was sued before the administrative court of Wiesbaden against the state of Hesse, in order as soon as possible, the limit values for nitrogen dioxide in Frankfurt to be met. In September, the court ruled that a zonal transport ban on older Diesel in the city center of Frankfurt, in the air had to be shut included plan. It allowed no appeal.

In Frankfurt, as in many other cities, the values for the in diesel exhaust gases contained in the pollutant nitrogen oxide than the EU limit of 40 micrograms per cubic meter of air. Therefore, the DUH in Germany has sued 34 cities on the compliance with the air limit values and checks lawsuits against other municipalities. The Exceeding of the limit values alone forbidden enough but not for the application of zone-related driving, founded the Kassel court in its approval of the appeal.

they were only as a means of last resort. In the particular case had to be determined whether the proposed measures were not sufficient to meet the limit values. "These requirements, the first-instance judgment is not enough," said the court. Many cities want to reduce air pollution through the use of electric buses, a promotion of public transport and the Expansion of Bicycle paths.

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Hesse, and Frankfurt, requested the admission of the appeal and the administrative court in Kassel had this now "because of serious doubts as to the correctness" of the judgment at first instance. The DUH, in turn, had demanded at the time by urgent application, that the driving ban on 1. February will be arranged. The the court declined. Now the main procedure must be awaited. (AFP, Reuters)

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