30 thousand PLN for smog. There is a court verdict - Money.pl

The judgment was announced by Łukasz Starzewski from the office of the Commissioner for Human Rights, who joined the case in its subsequent stages. The judgment is final. He is entitled to a cassation appeal to the Supreme Court.

In 2015, a resident of Rybnik applied to the court for PLN 50,000. PLN compensation for violation of personal rights due to air pollution in the city. The State Treasury - the Minister of the Environment and the Minister of Energy - were sued for violation of the right to: health, protection of private life and housing, free movement and living in a clean environment.

Right to live in a clean environment

As reported by Starzewski, the plaintiff indicated, among other things, that in the autumn and winter period he could not ventilate the house, had to block the ventilation cages and seal the doors in a relatively new building.

See also: Dramatic state of air in Poland. We are at the forefront of the world

He also uses an air purifier, which causes costs, he cannot leave the house for walks with his family with children, he cannot play sports, despite being physically active, and there was not a single one in the city during the winter holidays the day on which the PM10 dust standards were not exceeded.

In 2018, the District Court in Rybnik dismissed the claim. He admitted that the air in the city is often polluted, but this cannot be considered a violation of personal good in the form of health. The court did not recognize the right to live in a clean environment as a personal right subject to protection. He also pointed out that the right to free movement had not been infringed, as it was possible to move out of Rybnik.

In 2019, the Commissioner for Human Rights, Adam Bodnar, reported that the district court did not find any infringement of Oliver Palarz's personal rights, therefore, in the second instance, the Ombudsman joined his case.

According to the Ombudsman, the resident of Rybnik has shown that air pollution in the city significantly exceeds the socially acceptable measure. In 2014-15, the level of PM10 dust was exceeded for one third of the year, and in February 2015, the daily standards were exceeded every day for 24 days. Deprivation of the possibility to breathe clean air is a violation of the right to use the environment, argued the Commissioner for Human Rights.

The Ombudsman joined the proceedings, presenting additional arguments that, contrary to the position of the district court, the possibility of using an unpolluted environment is a personal right, and given the facts - one can talk about a violation of the plaintiff's right to the environment, which manifests itself in depriving him of breathing clean air.

PLN 30,000 for smog. Court verdict - Money.pl

The Human Rights Defender also reminded that environmental protection is one of the political foundations of the Republic of Poland (Article 5 of the Constitution). The Constitution also obliges the authorities to pursue a policy ensuring ecological security for present and future generations and a general obligation to protect the environment (Article 74(1) and (2) of the Constitution).

See also:

Climate change. Courts grant and will award compensation for smog

Moreover, the Ombudsman argued that the poor condition of the environment - contrary to Art. 13 of the CAFE Directive (Directive 2008/50/EC of the European Parliament and of the Council of 21 May 2008 on air quality and cleaner air for Europe) - is a source of infringement of the plaintiff's personal rights. This directive provides for the obligation to ensure adequate air quality and is binding on Member States to this extent.

Starzewski recalled that on January 24 last year, the District Court in Gliwice, when examining the plaintiff's appeal, asked the Supreme Court a question:

"Does the right to live in a clean environment, allowing breathing atmospheric air that meets the quality standards set out in the provisions of generally applicable law in places where a person stays for a long time, in particular in the place of residence, constitute a personal interest protected under Art. 23 in connection with Article 24 and Article 448 of the Civil Code?".

May 28th The Supreme Court replied that the right to live in a clean environment, allowing breathing air that meets quality standards, is not a personal right protected under the Civil Code. At the same time, he emphasized that the effects of environmental pollution can be combated by invoking such goods as the right to health, freedom or privacy.

"This meant returning the case to the district court. The answer of the Supreme Court did not directly determine the outcome of the case" - admitted Starzewski and emphasized that on December 9, 2021, the SO granted the appeal and - also in accordance with the motion of the Commissioner - changed the judgment of the District Court, taking into account the claim in in the amount of 30 thousand zloty.

Infringed personal rights

Presenting the verbal reasons for the decision, the court indicated that in 2012-2015 (the period the lawsuit concerned) omissions by the State Treasury, which resulted in the tragic air quality in Rybnik, led to the violation of of the plaintiff. In this context, he mentioned: health, freedom, inviolability of the home.

According to the court, the plaintiff showed that he suffered significant harm as a result of the infringement of his personal rights. This results, among others, from from the fact that it actively works to protect air quality and undertakes numerous pro-ecological activities, and the illegality of the State Treasury's omissions was confirmed by the judgment of the Court of Justice of the EU - of February 22, 2018.

See also:

"Clean air". From July, further changes to the program

On Thursday, the Polish Smog Alarm sent out its latest list of the most polluted cities in Poland (for 2020).

Rybnik is ranked 4th in Poland in terms of benzo(a)pyrene concentration (annual concentration of 9 nanograms per cubic meter with the national standard of 1 ng/m3 and the WHO standard of 0.12 ng), 6th place in terms of the average annual concentration of PM10 (33 micrograms per cubic meter with the national standard of 40 micrograms and the WHO standard of 15 micrograms), and 14th in terms of the number of days with exceeding the daily PM10 limit value (48 days vs. national standard of 35 days with an average daily value of 50 micrograms exceeded).

In September this year. judgment awarding PLN 5,000 from the State Treasury became final and binding PLN compensation for a social cause for insufficient fight against smog - issued by actress Grażyna Wolszczak.

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