A French Administrative Court has found the government liable for failing to combat air pollution in Paris in a case taken by a mother and daughter suffering from respiratory problems.
The case was brought by Mrs. T to the Administrative Court in Montreuil, a suburb of Paris, after both herself and her daughter suffered respiratory health issues, including asthma and bronchitis. Mrs. T was advised that their health problems were as a result of air pollution and, upon moving from the city into the countryside, their symptoms were alleviated. The plaintiffs alleged that the French Authorities did not do enough to prevent heavy air pollution in the 2012-2016 period.
The proceedings were brought under Articles 13 and 23 of the EU Air Quality Directive, which require that Member States meet targets and do not exceed an emissions ceiling for pollutants. This Directive also requires Member States to make reporting of air quality and information surrounding such accessible. The plaintiffs also argued breach of Article 2 of the European Convention on Human Rights which protects the right to life and Article L. 220-1 of the French Code of the Environment which protects the right to breathe air that does not harm a person’s health.
The Court found that the French government had repeatedly failed to take sufficient measures concerning the quality of air, particularly between 2012-2016 when the concentration of pollutants exceeded set limits. However, the Court rejected the plaintiffs' claim for compensation, saying they had not provided enough evidence to establish a direct link between the air pollution and their health problems.
The ruling is the first of its kind in France, and is reported to impact on 40 other similar cases awaiting judgement. This comes in the wake of the European Commission taking France to the European Court of Justice in May 2018, along with six other countries, for failing to implement steps to meet EU air quality levels.
Click here for the decision in French.