In Stuttgart, residents of an environmental and truck no-through zone must continue to accept the passage of trucks. This has now been decided by the Federal Court of Justice (BGH; VI ZR 110/21). The residents had sued for injunctive relief because a freight forwarding company "violated the no-trespass zone several times a day" and they assumed that the passage of trucks posed a health hazard. Their lawsuit had already been unsuccessful before the Stuttgart Bad-Cannstatt Local Court and the Stuttgart Regional Court.
The BGH also believes that the drive-through ban was not intended to reduce the concentration of pollutants in certain streets for residents. Instead, the ban on truck through-flow was ordered for the entire city area "in order to generally improve the air quality and to counteract the exceeding of immission limits".
According to the Federal Court of Justice, the size of the prohibited zone alone does not allow the assumption that the immissions caused by the trucks at any point in the prohibited zone pose an imminent risk of exceeding the immission limit values at their usual place of residence and thus a potential health hazard for every resident within this zone. Therefore, it was not possible to determine a group of persons who could be protected by injunctive relief.
Source: bundesgerichtshof.de/VI ZR 110/21
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