In the dispute between the Federal Government and Deutsche Umwelthilfe (DUH) over the National Air Quality Programme, the Federal Administrative Court (BVerwG) has now referred several questions to the European Court of Justice (ECJ) for a preliminary ruling. In particular, the aim is to clarify whether the Federal Government is permitted to use the most recent emissions forecast for the Clean Air Programme even if key data has changed in the meantime. It was on these grounds that the DUH brought legal action against the adopted Clean Air Programme. The environmental organisation alleges that important parameters, such as a delay in the coal phase-out and a halt to subsidies for electric cars, were not taken into account. The DUH had been partially successful in its case before the Higher Administrative Court. The Federal Ministry for the Environment lodged an appeal with the BVerwG.

Furthermore, the Federal Administrative Court (BVerwG) wishes to seek a ruling from the European Court of Justice (ECJ) on whether environmental organisations can only seek a court ruling on the possible unlawfulness of an air quality programme, or whether they can also demand specific changes. Under EU Directive 2016/2284, Member States are obliged to draw up national air quality management programmes and to update them at least every four years.