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Document 62010CJ0479

    Judgment of the Court (Fifth Chamber) of 10 May 2011.
    European Commission v Kingdom of Sweden.
    Failure of a Member State to fulfil obligations - Environment - Directive 1999/30/EC - Pollution control - Limit values for concentrations of PM10 in ambient air.
    Case C-479/10.

    European Court Reports 2011 I-00070*

    ECLI identifier: ECLI:EU:C:2011:287

    Date of document:
    10/05/2011
    Date lodged:
    05/10/2010
    Author:
    Court of Justice
    Country or organisation from which the request originates:
    Sweden
    Form:
    Judgment
    Authentic language:
    Swedish
    Type of procedure:
    Action for failure to fulfil obligations - successful
    Defendant:
    Sweden
    Judge-Rapporteur:
    Safjan
    Advocate General:
    Sharpston
    Treaty:
    Treaty on the Functioning of the European Union
    Link
    Select all documents mentioning this document
    Case affecting:
    Instruments cited in case law:
    Notes relating to the decision:
    • Bogaart, Mireille: Milieu en recht 2011 p.464-467





    Judgment of the Court (Fifth Chamber) of 10 May 2011 – Commission v Sweden

    (Case C-479/10)

    Failure of a Member State to fulfil obligations – Environment – Directive 1999/30/EC – Pollution control – Limit values for concentrations of PM10 in ambient air

    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; Council Directive 1999/30, Art. 5(1))

    Re

    Failure of a Member State to fulfil obligations – Infringement of Article 5(1) of Council Directive 1999/30/EC of 22 April 1999 relating to limit values for sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter and lead in ambient air (OJ 1999 L 163, p. 41) – PM10 particles exceeding limit values in ambient air in zones SW 2 and SW 4 in 2005, 2006 and 2007 and in zone SW 5 in 2005 and 2006.

    Operative part

    The Court:

    1.

    Declares that, by exceeding the limit values for concentrations of PMlO in ambient air from 2005 to 2007 in zones SW 2 and SW 4 and in 2005 and 2006 in zone SW 5, the Kingdom of Sweden has failed to fulfil its obligations under Article 5(1) of Council Directive 1999/30/EC of 22 April 1999 relating to limit values for sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter and lead in ambient air;

    2.

    Orders the Kingdom of Sweden to pay the costs.

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