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The General Court rejects class action law suit
'oxides of nitrogen': NO, NO2, N2O, and NO5
Without ruling on the legality of that regulation, the annulment of which is sought by several European capitals in other cases, the General Court finds that those almost 1500 individuals have not established that the alleged harm is actual and certain or personal

The emission limits accepted by the Commission have been the subject of several actions before the General Court, including those brought by the Cities of Paris, Brussels and Madrid.2 Those actions for annulment are at present being considered by the General Court, with a hearing fixed in those three cases for 17 May 2018.

At the same time as those actions for annulment, 1429 natural persons, mainly domiciled in France, have brought an action against the EU for the purpose of seeking compensation for the harm which they claim to have suffered as a result of the adoption of the Commission regulation. Today's order concerns this action for damages.

The 1429 individuals consider that that regulation causes them material damage, linked to the deterioration of the quality of the air that they breathe and the resultant deterioration of their health, and that it has also caused them non-material damage linked to their fears in that regard for themselves and those close to them, and their fears resulting from their loss of confidence in the EU institutions' action to combat environmental degradation. Each of those individuals seeks a symbolic sum of €1 as compensation for material damage and €1000 as compensation for nonmaterial damage. By today's order, the General Court dismisses the action for damages brought by the 1 429 individuals as lacking any basis in law.
[...]
The Court finds, first, that the extent of the damage linked to a deterioration of air quality has not been adequately proved, in so far as only a very unspecific and general assessment of the additional pollutant emissions caused by the provisions at issue could be attempted, if necessary after a certain time, with only very inconclusive results. In particular, it would be impossible to predict, had the Commission maintained more stringent limits, to what extent potential buyers would have immediately turned to the types of vehicle, possibly fewer in number, which had successfully undergone the tests conducted by complying with those limits or whether they would have preferred to keep their old vehicles for longer.

Looks like US plaintiffs have exhausted funds available from manufacturers for re-distribution.

archive
deaths caused by nitric oxide from diesel engines worldwide in 2015
"A friend of mine's mother used to commute every working day ..."

Diversity is the key to economic and political evolution.

by Cat on Mon May 7th, 2018 at 12:10:35 AM EST
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