After Germany , France ? The hypothesis that the Hexagon comes, too, to suffer the wrath of justice in the field of pollution control, is less and less to exclude. To date, the State is already the subject of about thirty recourse before the administrative tribunals for “misconduct”.
In all cases, it is criticized for its lack of vigilance in enforcing the existing regulations on fine particle emissions. That enacted by the European Commission which sets limit values and whose non-compliance exposes France, like Germany, to a imminent prosecution in the European Court of Justice.
Added to this is the fact that the state would not comply with national law. The code of the environment recognizes indeed to each individual the “right to breathe an air which does not affect his health”. The authors of these appeals, which from Lille to Paris via Lyon and the Arve Valley, are private individuals, unlike what is observed in the Rhine, saw one more reason to engage a legal action.
Wary magistrates
All hope to obtain justice that it recognizes that their health problems (breathing difficulties, cardiovascular disorders, etc.) are due to the excess of fine particles generated in particular by diesel vehicles. If this is the case, the State would be condemned to pay them the compensation they claim.
“There are several thousand euros per file,” says François Lafforgue, the lawyer who supports these plaintiffs. One of her clients, Clotilde Nonnez, who inaugurated this approach by sending in February 2017, a first claim for compensation from the Ministry of the Environment and the prefect of Paris, estimated at 140,000 euros the damage suffered. This one would go up to the peak of pollution which seviured on the capital a good part of December 2016.
“The courts seized will make their decision in the year or in 2019,” said Francois Lafforgue. The magistrates are circumspect. A first conviction of the State could give the start to a multitude of compensatory actions. Lawrence Gimalac, lawyer and expert in environmental law, speaks of “a gigantic snowball effect”.
The State Council in support
This rush on the courts is not inconceivable since the government was put on notice, last July 12 by the Council of State, to take the necessary measures to stay within the limits of Brussels. A situation in which Britain is also located since November 2016 and a n judgment of the High Court of Justice of London .
“There is a legal basis to argue that the state does not do what it must do,” adds Laurent Gimalac. The judgment of the high court could even legitimize legal actions of local authorities. “Those who feel they can not act against pollution because of shortcomings of the state could turn against him,” Judge François Lafforgue. There has already been a precedent, that of tides of green algae in Brittany against which the actions of the state were considered insufficient. Result, i l was ordered to compensate the municipalities affected .