Brussels clean air case referred to the Court of Justice of the European Union

The final decision of ClientEarth’s legal case against the Brussels government has been postponed, with the judge seeking guidance from the Court of Justice of the European Union (CJEU).

The judge believes that the decision on whether the Brussels Government is complying with the obligations set under the Air Quality Directive 2008/50/EC requires the guidance from the CJEU.

The legal action brought by ClientEarth and five Brussels citizens has, therefore, being suspended to allow the CJEU to clarify the interpretation of the Air Quality Directive.

ClientEarth lawyer Ugo Taddei, said: “Given that the Brussels court has made a referral to the CJEU, the case is ongoing and we are still awaiting judgment on our core claim. The CJEU already sided with ClientEarth in the past when we were acting against the UK Government. We are hopeful that this time again the final judgment will uphold people’s right to clean air.”

The Court of First Instance of Brussels will decide on the action against the Brussels authorities over the illegal and harmful levels of air pollution in the city, after the CJEU answers the questions for preliminary reference.