[quote]EASA will be forced to 'remake' the rules - when The Courts finally make them:
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Courts don't make rules nor enforce them when another governmental body has been tasked to do so.
I'm afraid all you can expect is damages if you can prove harm under existing tort laws.
For the time being you should minimize any hazards that you feel are present by avoiding the circumstances or protection of some sort.
I do the same in hay fever season since my sinuses are more sensitive than others.