Stuttgart Administrative Court is serious about diesel driving bans: several urgent applications against ban up to Euro 4 diesel rejected
Stuttgart residents with diesel cars up to the Euro 4 emissions standard must now leave their cars behind. The administrative court in Stuttgart dismissed several express requests directed against this on Friday, April 5, 2019 (file number: 17 K 1831/19 and others). "According to the court, there are no clear doubts about the legality of the traffic ban," it said.
The ban applies throughout Stuttgart, so far only for Euro 4 and worse engines. This has been applicable to residents of the state capital since April 1, 2019, and to foreigners three months longer since the beginning of the year.
The complaining motorists claimed that the driving ban was inadmissible and disproportionate, the limit value for nitrogen oxide used was outdated and the locations of the measuring points were incorrect.
In contrast, the administrative court now emphasized that the limit values were "mandatory Union law to be implemented" and should therefore be observed. German road traffic law cannot change this.
In any case, the criticism of the locations of the measuring points was not so serious that it could overturn the ban on driving. It is reasonable for diesel drivers to take this into account at least for the time being, i.e. up to a final, final judgment.
In addition, the administrative court referred to a "comprehensive catalog of exceptional circumstances". Personal circumstances, which some of the plaintiffs had asserted, should therefore not be examined in the dispute over the driving ban itself, but in the context of the granting of exemptions.
The diesel drivers can still lodge a complaint with the Baden-Württemberg Administrative Court in Mannheim against these urgent decisions. However, he had already confirmed on November 9, 2018 that the previous measures would not be sufficient, and therefore warned driving bans for Euro 5 engines from September 2019 (Az .: 10 S 1808/18 and 10 S 2316/18; JurAgentur - Notification dated November 12, 2018).
The Stuttgart Administrative Court had already caused a nationwide sensation on July 28, 2017 with its basic demand for diesel driving bans (Az .: 13 K 5412/15; JurAgentur report from the judgment day). Even drastic but effective traffic restrictions could never be disproportionate; the right of residents to life and health is always more important than property and freedom of action for drivers.
On February 27, 2018, the Federal Administrative Court had generally considered such driving bans to be permissible - for Euro 4 diesel and older immediately, for Euro 5 diesel from September 2019 (file number: 7 C 30.17; JurAgentur report from the judgment day). EU law demands that the duration of limit violations be kept "as short as possible".
The city of Stuttgart and the state of Baden-Württemberg want to review the development of the measured values in mid-2019 and only then decide to ban driving for Euro 5 diesel as well. mwo