Sull’inadempimento degli obblighi della direttiva 2008/50/CE «qualità dell’aria ambiente» e l’applicazione di misure detentive coercitive. Il caso Deutsche Umwelthilfe eV (C-752/18)

The Court of Justice of the European Union pronounces on the nonfulfilment of the obligations of Directive 2008/50/EC on ambient air quality and cleaner air for Europe by a Member State. The Court was asked to clarify if the European Union law allowed national judge to order the coercive detention of office holders responsible of the violation of the EU Directive. The importance and the innovation of the judgement in question lies in the fact that the preliminary ruling concerns the relation between the effectiveness of the European Union law and the respect of the fundamental rights, in this case the right to liberty and the right to an effective remedy.