The state was for the first time ordered to compensate victims of air pollution by a court, which finds that part of the bronchiolitis and otitis symptoms of two children were due to exceeding pollution thresholds in the Paris region.
“These two decisions are unprecedented and important,” said François Lafforgue, lawyer for the families alongside Hermine Baron, confirming information from Le Monde. “For the first time in France, victims of air pollution are compensated”.
It adds to the pressure on the State, already recognized as responsible for the poor air quality by the Council of State, which condemned it in October 2022 to a record sum of 20 million euros, after a first decision on a fine of 10 million euros in August 2021.
According to Public Health France, 40,000 deaths are attributable each year to fine particles.
Harm to children
The judgments of the Paris administrative court concern two children who suffered from repeated bronchiolitis and ear infections during their first two years of life, while they lived in the Paris region, 500 and 700 meters from the ring road which surrounds the capital. The state was ordered to pay 3,000 and 2,000 euros to the parents.
“Part of the symptoms” from which the two girls suffered was “caused by the exceeding of the pollution thresholds resulting from the fault of the State”, estimates the administrative judge. In two similar decisions handed down on Friday June 16, the judge cites scientific opinions attributing around 30% of otitis media and between 30% and 50% of severe bronchiolitis to pollution.
“On several occasions”, the symptoms of the two girls “coincided with episodes of pollution”, notes the court. Justice also points to a “clear improvement in the state of health” observed after the families moved away from Paris.
“These elements allowed us to establish the causal link between the fault of the State and the damage suffered by the children”, comments Me Lafforgue. “The court did not open a Pandora’s box”, explains the lawyer, however, the judgment having “framed the compensation” of multiple conditions. “The exposure must be serious, the symptoms must be serious and related to this type of pollution”.
The compensation obtained is also low compared to the 219,000 and 222,000 euros claimed.