Action brought on 14October 2021– European Commission v Hellenic Republic

(Case C-633/21)

Language of the case: Greek

Parties

Applicant: European Commission (represented by: M.Konstantinidis and M.Noll-Ehlers)

Defendant: Hellenic Republic

Form of order sought

The applicant claims that the Court should:

(Α) Declare that the Hellenic Republic:

first, by systematically and consistently exceeding the yearly limit values for nitrogen dioxide with regard to the agglomeration of Athens (EL0003) since 2010, has failed to fulfil its obligations under Article13 of Directive 2008/50/ΕC,¹ read in conjunction with AnnexXI to the directive,

second, by failing to adopt, from 11June 2010, appropriate measures to ensure compliance with the yearly limit value for NO2 in the agglomeration of Athens (EL0003), the Hellenic Republic has failed to fulfil its obligations under Article23(1) of Directive 2008/50/EC (in conjunction with Section A of AnnexXV to that directive), and in particular the obligation, laid down in the second subparagraph of Article23(1) of that directive, to take the necessary measures so that that the duration of the exceedance of limit values is as short as possible.

(Β) Order the Hellenic Republic to pay the costs of the proceedings.

Pleas in law and main arguments

By its first plea in law, the Commission submits that Directive 2008/50/EC on ambient air quality and cleaner air for Europe requires that Member States limit the exposure of citizens to nitrogen dioxide (NO2). The Commission claims that since 2005, when compliance with daily and annual limit values for nitrogen dioxide (NO2) became mandatory, pursuant to Article13 of Directive 2008/50/EC, the Hellenic Republic, on the basis of the annual air quality reports submitted by it, has failed consistently to ensure compliance with daily limit values in the agglomeration of Athens (EL0003).

By its second plea in law, the Commission claims that the second subparagraph of Article23(1) of Directive 2008/50/EC imposes a clear and urgent obligation on Member States in the event that limit values are exceeded to adopt air quality plans setting out appropriate measures to ensure that the duration of any exceedance is as short as possible. The Commission submits that the Hellenic Republic failed to draw up an appropriate air quality plan with regard to nitrogen dioxide covering the agglomeration of Athens (EL0003), in breach of its obligation under Article23(1) of Directive 2008/50/EC.

____________

¹ Directive 2008/50/EC of the European Parliament and of the Council of 21May 2008 on ambient air quality and cleaner air for Europe (OJ 2008 L152, p.1).