EU court rules on jail for officials over air pollution

Government leaders in the German state of Bavaria look unlikely to face jail for failing to address illegal levels of air pollution in Munich after EU judges set a high legal bar for domestic courts to do so in a case brought by environmental NGOs.

Representatives of the Bavarian regional government, including minister-president Markus Söder, publicly stated that they did not intend to comply with court orders requiring them to put in place traffic bans to bring air pollution in Munich within EU limits. 

The state’s High Administrative Court asked the Court of Justice of the EU (CJEU) in August 2018 to review whether it can imprison regional officials as a way to ensure compliance with the law. 

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