C-61/21 Ministre de la Transition Écologique: Putting the Individual-centered CJEU Case Law on Air Quality on Hold

Abstract

In its judgment in C-61/21 Ministre de la Transition écologique rendered on 22 December 2022, the Grand Chamber of the CJEU decided, against the Opinion of Advocate General Kokott, that Articles 13(1) and 23(1) of Directive 2008/50/EC on air quality did not give rise to individual rights. This decision implies that these articles cannot be invoked to request compensation for health damage suffered as a result of a breach of obligations by Member States. The CJEU came to this conclusion by arguing that the Directive only serves a general purpose of protection of human health and the environment, which does not satisfy the conditions for State liability established in Francovich. This judgment seems to put a stop to the trend observed in earlier case law on air quality, rather focusing on individuals. This case note aims at reflecting upon this judgment in light of previous case law, and in the context of the revision of the Directive on air quality.