State liability for damage caused to individuals for breach of EU air quality law

Abstract

The purpose of this paper is to examine the jurisprudence of the Court of Justice of the European Union concerning the compensation of individuals for damages suffered due to the degradation of air quality, for which we will previously analyse its reaction to other rules relating to the environment, both sectoral and procedural. Furthermore, although our analysis will compare different jurisprudential solutions from other regional and universal human rights control bodies, we will also take into account the legislative proposals presented by the institutions of the Union insofar as their normative changes can remove the obstacles presented judicially that would prevent this type of actions from succeeding.