Il caso Repubblica federale di Germania e a. contro Commissione europea: quali riflessi sull’accesso alla giustizia climatica da parte delle smart cities?

This contribution aims to examine and comment on the recent sentence “the Federal Republic of Germany and O. v. the European Commission” with which the CJEU declared inadmissible for lack of active legitimacy the action for annulment presented by the cities of Paris, Brussels and Madrid against the EU Regulation 2016/646/UE, with which the European Commission set the new values relating to the mass releases of NOx not to be exceeded during the tests aimed at measuring the polluting emissions of transport as part of the approval procedures for motor vehicles. In particular, the contribution seeks to verify whether this decision is appropriate to the role and policies of the EU in the field of the environment, and to assess whether the Court’s current approach to greenhouse gas emissions contributes to the promotion of climate justice based on respect for fundamental human rights.