Judgment of the Court (Seventh Chamber) of 4March 2021– Commission v United Kingdom (Limit values ‐ NO2)
(Case C‑664/18)(1)
(Failure of a Member State to fulfil obligations– Environment– Directive 2008/50/EC– Ambient air quality– Article13(1) and AnnexXI– Systematic and persistent exceedance of the limit values for nitrogen dioxide (NO2) in certain areas of the United Kingdom– Article23(1)– AnnexXV– Exceedance period to be ‘as short as possible’– Appropriate measures)
1.Actions for failure to fulfil obligations– Subject matter of the dispute– Determination during the pre-litigation procedure– More detailed explanation of the pleas in the reply without modification or broadening of the subject matter of the dispute– Whether permissible
(Art. 258 TFEU)
(see paras 50-51)
2.Environment– Atmospheric pollution– Ambient air quality– Directive 2008/50– Limit values for the protection of human health– Systematic and persistent exceedance– Failure to fulfil obligations
(European Parliament and Council Directive 2008/50, Arts 1(1) and 13(1), and AnnexXI)
(see paras 52-58, operative part 1)
3.Actions for failure to fulfil obligations– Examination of the merits by the Court– Situation to be taken into consideration– Situation on expiry of the period laid down in the reasoned opinion
(Art. 258 TFEU)
(see para. 77)
4.Actions for failure to fulfil obligations– Subject matter of the dispute– Determination during the pre-litigation procedure– Consideration of events which took place after the delivery of the reasoned opinion– Conditions– Facts of the same kind and constituting the same conduct as those referred to originally
(Art. 258 TFEU)
(see paras 78-84)
5.Environment– Atmospheric pollution– Ambient air quality– Directive 2008/50– Limit values for the protection of human health–Nitrogen dioxide– Exceeded– Consequences– Obligation on the Member State to draw up a plan to remedy the infringement– Time limit–Failure to adopt appropriate and effective measures ensuring that the exceedance period is as short as possible– Failure to fulfil obligations
(European Parliament and Council Directive 2008/50, Arts 13(1), 22 and 23(1), second and third paragraphs, and AnnexXI)
(see paras 133-153, operative part 1)
Operative part
The Court:
1. |
| Declares that the United Kingdom of Great Britain and Northern Ireland, |
by systematically and persistently exceeding, in 16 zones of the United Kingdom, the annual limit value for Nitrogen Dioxide (NO2), namely in the areas UK0001 (Greater London urban area); UK0002 (West Midlands urban area); UK0003 (Greater Manchester urban area); UK0004 (West Yorkshire urban area); UK0013 (Teesside urban area); UK0014 (The Potteries); UK0018 (Kingston upon Hull); UK0019 (Southampton urban area); UK0024 (Glasgow urban area); UK0029 (Eastern); UK0031 (South East); UK0032 (East Midlands); UK0033 (North West & Merseyside); UK0034 (Yorkshire & Humberside); UK0035 (West Midlands) and UK0036 (North East), as well as the hourly limit value for NO2 in the area UK0001 (Greater London urban area) since the entry into force of those limit values on 1January 2010, has failed to fulfil its obligations under the combined provisions of Article13(1) and of AnnexXI to Directive No2008/50/EC of the European Parliament and of the Council of 21May 2008, on ambient air quality and cleaner air for Europe,
and
by failing to adopt, as from 11June 2010, appropriate measures to ensure compliance with the limit values for NO2 in all those zones, has failed to fulfil its obligations under the combined provisions of Article23(1), read alone and in conjunction with AnnexXV to Directive 2008/50, and in particular the obligation laid down in the second subparagraph of Article23(1) of that directive, to ensure that the period of exceedance of limit values is kept as short as possible;
2. |
| Orders the United Kingdom of Great Britain and Northern Ireland to pay, in addition to its own costs, those incurred by the European Commission; |
3. |
| Orders the Federal Republic of Germany to bear its own costs. |
1 OJ C445, 10.12.2018.