The air quality plan for Budapest and its surroundings, drawn up by the green authority, is not an effective way to reduce air pollution - that's why the Clean Air Action Group (CAAG) went to court years ago. The case was recently closed by the Supreme Court, which ruled that such plans cannot be effectively challenged in court. However, this violates the rights of the public under international conventions. CAAG has filed a complaint with the European Court of Human Rights.

Air pollution in and around the capital has been dramatic for decades, causing the premature deaths of around 3,000 people and more than 300,000 cases of illness every year.

In its judgment of January 2021, the Supreme Court ruled that the preparation of air quality plans is a purely administrative task and does not constitute an administrative act against which a judicial remedy can be sought. CAAG has thus lost its case to review the plan to bring air pollution in the capital and its surroundings below the health limit value. According to the organisation, such a narrow interpretation of the domestic legal framework effectively prohibits public access to justice in this area and, as a consequence, significantly reduces the effectiveness of the plans. The Supreme Court's decision is also unlawful, as EU and international legislation and European court practice clearly indicate that air quality plans can be challenged by NGOs in court if they are found to be inadequate.

In its submission to the Strasbourg Court, CAAG also pointed out that in Eastern Europe - including Hungary - there are unfortunately many obstacles to NGOs and the public enforcing their right to healthy air through legal action.

"Our aim is that the air quality plan should prescribe and call for measures, the implementation of which will improve air quality in a short time and thus promote the enforcement of our right to a healthy environment. Unfortunately, the current plan for Budapest and the surrounding area does not meet this requirement and therefore needs to be subject to a substantive review by the courts. In our opinion, the contrary interpretation of the Supreme Court and the domestic legal framework violate the right to a fair hearing and effective remedy guaranteed by the European Convention on Human Rights" - explained András Lukács, President of the Clean Air Action Group.

In April 2018, the NGO submitted a detailed reasoned request to the environmental authority to revise the air quality plan and, following the rejection of its request, filed a lawsuit to the competent domestic court.