Justice recognized Tuesday a “fault” of the state in its policy to fight against air pollution, after the recourse of a mother and daughter who lived near the Paris ring road and suffered from respiratory problems, said the administrative court of Montreuil.
“The State has committed a fault because of the inadequacy of measures taken in terms of air quality to remedy the overrun, between 2012 and 2016, in the Ile-de-France region, concentration limit values of certain polluting gases, “the court said in a statement sent to AFP.
“For the victims of the pollution, it is a first”, welcomed with the AFP the lawyer of the two women, François Lafforgue. “From now on, the State will have to take effective measures in the fight against pollution and the victims can hope to obtain the recognition of their prejudice,” he added.
Supported by associations, Farida, 52, and her daughter had assigned the state for “faulty failure”. At the time, they lived in Saint-Ouen (Seine-Saint-Denis), near the ring road. They suffered from respiratory problems, repeated bronchitis, asthma attacks, “accentuated” during peaks. Since then, they have moved to Orleans and their health has improved.
In their view, the authorities had not taken “effective” measures to reduce air pollution, especially during the severe peak pollution in December 2016. They claimed 160,000 euros in damages.
In its judgment, the court “notes that the concentration thresholds of certain polluting gases were repeatedly exceeded between 2012 and 2016 in the Ile-de-France region,” the statement said. “It concludes that the plan relating to air quality for the Ile-de-France (…) and its conditions of implementation, are insufficient in terms of obligations” in particular set by European directives and transposed in the code of the environment.
On the other hand, the court considers that the prefect of police did not commit fault in the management of the episode of pollution of the end of year 2016, contrary to what the two women asked for.
He also rejected their claim for compensation, finding that the causal link between their respiratory diseases and the insufficiency of the measures taken by the State was not “directly” established in view of the elements produced in their application.
