What was feared has come true: the Constitutional Court has suspended the ordinance postponing the tightening of the Brussels low-emission zone (LEZ). Among other things, the Court ruled that the ordinance could cause irreparable harm to one of the petitioners, a child with chronic asthma and allergies. The Court also referred to the ‘standstill’ principle regarding environmental protection.

Now that the ordinance has been temporarily scrapped, the Constitutional Court must rule on its annulment within three months.

‘Irreparable harm’

On the proposal of MR, PS, Les Engagés, and Open Vld, the Brussels Parliament approved an ordinance last October postponing the tightening of the LEZ until January 1st, 2027. This meant that Euro 5 diesel vehicles and Euro 2 gasoline vehicles could continue to drive in the Brussels-Capital Region until then.

However, several environmental organizations and three individuals with respiratory problems had reservations about this, as did the Council of State, and they took the matter to the Constitutional Court.

The Court now rules that the ordinance could effectively cause “irreparable harm” to one of the applicants, a child with chronic asthma and allergies. Furthermore, the ordinance entails a significant deterioration in the level of protection of the right to health and the right to a healthy environment and is not reasonably justified.

This is contrary to the ‘standstill’ obligation in the Constitution. This prevents a significant reduction in the level of protection offered by existing legislation without reasonable justification.

Not sure that low-income families own the oldest vehicles

The parties that voted in favor of the postponement did so because they were defending low-income families and specific professional groups who would not have sufficient means to buy a new car. However, the Court rejected this argument because it is not certain that these categories mostly own the oldest vehicles.

The Court notes that various studies have demonstrated that the population category the parties sought to protect is also the one most vulnerable to air pollution and its associated health problems.

“By providing for a general and not-targeted postponement, the contested ordinance allows a large number of people to continue to emit pollutants that will primarily affect that population group,” it states.

Consequences for Flanders

“This is a victory for the health of our children and vulnerable residents: no more delays, but rapid targeted support for those who need it,” said outgoing Brussels Minister of Mobility Elke Van den Brandt (Groen) in a response to the Constitutional Court’s decision.

“Targeted measures must now be put in place, such as a mobility budget for people with financial problems. You can’t mess with our children’s health,” continued the Minister, who resigned from her position as Dutch-speaking person charged with forming a new Brussels government last year when MR, PS, and Les Engagés submitted the draft ordinance without consultation.

Outgoing Brussels Minister of Environment Alain Maron will now ask the LEZ task force, which is responsible for the operational implementation of the measures, to meet as soon as possible to ensure that the decision is followed up on.

“The relevant authorities are currently analyzing this decision to determine the next steps as quickly as possible,” you can read on the Brussels LEZ website.

According to Bond Beter Leefmilieu, the Constitutional Court’s decision also has consequences for Flanders. After all, the government in Flanders also wants to put the tightening of regulations on hold.

Flemish Minister for the Environment Jo Brouns (CD&V) has already announced that he wants to discuss the issue with the Flemish government shortly.