The dispute over diesel driving bans has long been held before German courts – now reaches the dispute before the European Court of Justice (ECJ), a new high point: The Luxembourg judges negotiate on Tuesday, whether against politicians and forced custody can be ordered.
Specifically, it is about whether the Bavarian state government of Prime Minister Markus Söder (CSU) can be forced by drastic means to enforce a court verdict on the clean air plan in Munich.
The Bayerische Verwaltungsgerichtshof had submitted to the ECJ in November last year the controversial question „whether the request of the German Environmental Aid (DUH) forced coercion vis-à-vis state officials to enforce a final court decision is legally possible or appropriate.“
„Disregard of final court decisions“
Background is a judgment of the administrative court Munich, after which diesel driving bans are to be included in the clean air plan for Munich. Because this requirement was not implemented, the court already imposed penalties against the Free State. Because this did not help, the DUH finally applied for compulsory detention against those responsible.
The application landed in front of the VGH Munich, which suspended the proceedings and called the ECJ in Luxembourg. However, in their order for reference, the administrative judges left no doubt as to what they fundamentally consider to be the conduct of the Land Government: „The present disregard of final judicial decisions by the executing authority can not be accepted.“
