“Disproportionate, antisocial and counterproductive”: Lawsuits against the Munich diesel ban

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Von: Sascha Karowski, Klaus Vick

The courts are also concerned with the ban on Euro 4 vehicles in downtown Munich. Several lawsuits are filed with the administrative court.

Munich – At the same time as the diesel driving ban that came into force on February 1, several lawsuits against this ordinance by the city were filed with the administrative court today. This was announced yesterday by the CSU member of parliament Robert Brannekamper and the president of the automobile club Mobil in Germany, Michael Haberland. The ban was “disproportionate, antisocial and counterproductive”, both criticized – and also “a bureaucratic monster with many exceptions”.

Munich: tens of thousands of diesel drivers affected – driving bans deal with the courts

In München even tens of thousands of diesel owners are affected. According to Brannekämper and Haberland, seven to eight individual lawsuits are planned – by people from different professional groups and places of residence. Lawyer Claus-Peter Martens had previously stopped zonal driving bans in Berlin. He assumes that the implementation of the driving ban in Munich will not last before the administrative court, as he explained on Tuesday. There may be a decision in three to four months.

Michael Haberland (left). and Robert Brannekamper are suing against the diesel ban. © Markus Goetzfried

At the same time, the plaintiffs emphasized that there was no reason for a driving ban due to the nitrogen dioxide values ​​in Munich, which had been improving for years. According to the latest measurements by the city and the State Office for the Environment, the limit of 40 micrograms per cubic meter of air was exceeded on Landshuter Allee (49) and Tegernseer Landstrasse (43) on average in 2022. Brannekamper said the driving ban scared many older people in particular. “I have rarely seen a measure that people are so upset about.”

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Diesel trouble also in Munich City Hall: SPD and Greens at odds

Meanwhile, even in the town hall, the trouble with diesel doesn’t stop. Reason are the exemptions (we reported). The latest problem: Apparently, shift workers and social and nursing services are not automatically exempt from the diesel ban (i.e. via the general decree). You would have to apply for a permit if you want to drive your Euro 4 vehicle within and on the Mittlerer Ring from February 1st.

The city would have liked to include this group in the order, but the German Traffic Club (VCD) and the German Environmental Aid (DUH) reject the request. The general decree was created as a compromise between the two clubs and should not be changed later. VCD and DUH also want to sue if necessary. The SPD would even let that happen. Yesterday, the parliamentary group submitted the application to subsequently include this group in the disposal. “In the current crisis, we want to relieve people and not burden them further,” says parliamentary group leader Anne Hübner. In addition, the annual fee for exceptions (without a general decree) should only cost 25 euros, not 50 euros, as announced just last week.

Meanwhile, the Greens want to stick to the compromise and first discuss ways in which companies can obtain special permits for their employees through collective orders. The Greens also want to talk to VCD and DUH again. (K.VICK, S. KAROWSKI)

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