The EC will lodge its complaint with the European Court of Justice (ECJ) on December 7th, according to the report.
The Environment Ministry confirmed that “the EC has informed the German government that it will recommend legal action at a meeting on December 7th.”
If the ECJ were to rule against Germany, Berlin would face a heavy fine.
The interior minister of Baden-Württemberg, Winfried Hermann, applauded the EC decision.
“It is high time that concrete measures are taken on improving air quality and that Berlin finally gives the green light for restrictions on diesel engines.”
In June 2015 the EC started investigating Germany for a breach of its EU obligations, after quantities of nitric-oxide above legal limits were measured in several German cities.
Stuttgart, the capital of Baden-Württemberg, is one of the worst affected cities, and plans to ban all diesel cars from its city centre to deal with the problem.