According to today’s ECJ judgment in case C‑752/18 (Deutsche Umwelthilfe v Freistaat Bayern), national legislation which renders the judgment of a court enforcing EU law ineffective infringes the right to effective judicial protection under Article 47 of the Charter of Fundamental Rights. According to the Bavarian Administrative Court (the referring court), the enforcement of such a judgment in Germany is precluded for domestic constitutional reasons. In the case mentioned above, the failure to enforce a court judgment concerning air quality constituted a danger to people’s health.

1. In the Commission’s view, is the law of the Federal Republic of Germany infringing the fundamental right to effective judicial protection for the reasons set out above (please justify your response)?

2. Will the Commission initiate infringement proceedings against the Federal Republic of Germany in order to enforce EU law (please justify your response)?