Abstract
The right to an air quality plan is recognised by the Janecek judgement of the Court of Justice. However, if a claimant brings an action to a domestic court and argues for an injunction that would require the competent public entity to draw up an air quality plan, the national judge is confronted with various legal issues. General EU law questions may be raised which concern EU competence, legal bases, the Air Quality Directive, air quality plans, limit values of NOx and PM 10, individual rights, court remedies and the principle of effectiveness. Furthermore, domestic judges have to use traditional categories of admissibility (administrative act, standing and administrative silence) in the light of EU law. Deciding on the merits is a challenge as well. Here, the domestic judge has to take into account the discretion of the administration when issuing an order against public administration.
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