Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 12/19/2019

Subject: According to the Court, EU law, in particular Article 47 of the Charter of Fundamental Rights of the European Union, must be interpreted as meaning that, in circumstances in which a national authority persistently refuses to comply with a judicial decision enjoining it to perform a clear, precise and unconditional obligation flowing from EU law, in particular from Directive 2008/50/EC on ambient air quality and cleaner air for Europe, it is incumbent upon the national court having jurisdiction to order the coercive detention of office holders involved in the exercise of official authority where provisions of domestic law contain a legal basis for ordering such detention which is sufficiently accessible, precise and foreseeable in its application and provided that the limitation on the right to liberty, guaranteed by Article 6 of the Charter of Fundamental Rights, that would result from so ordering complies with the other conditions laid down in that regard in Article 52(1) of the Charter. On the other hand, if there is no such legal basis in domestic law, EU law does not empower that court to have recourse to such a measure

Parties: Deutsche Umwelthilfe

Classification: Freedoms - Art. 6 Personal liberty - Solidarity - Art. 35 Preventive health care - Justice - Art. 47 Right to an effective remedy before a tribunal

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