Greenpeace E.V. and Others v. Germany

Submitted by Kelly Russo on Tue, 05/12/2009 - 00:00
Regional Decisions
European Court

The European Court of Human Rights held that Germany did not violate Article 8 of the European Convention of Human Rights by neglecting to take specific measures to curb respirable dust emissions of diesel vehicles utilizing the intersections near applicants'  homes because applicants did not show that the State exceeded its discretionary power by failing to strike a fair balance between the interests of the individual and of the community as a whole in fashioning the applicable regulations. Article 8 of the European Convention recognizes the right of European peoples to respect for their private lives and homes. The applicants acknowledged that Germany had taken measures to curb diesel vehicle emissions, but in their view, those measures were ineffective. The Court emphasized that the choice of means by which a State deals with environmental matters is within its discretion and not narrowed to the specific measures requested by the applicants.