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Document 62022CA0220

Case C-220/22: Judgment of the Court (Sixth Chamber) of 29 June 2023 — European Commission v Portuguese Republic (Failure of a Member State to fulfil obligations — Environment — Directive 2008/50/EC — Ambient air quality — Systematic and persistent exceedance of the annual limit value for nitrogen dioxide (ΝΟ2) — Appropriate measures — As short an exceedance period as possible)

OJ C 286, 14.8.2023, p. 10–10 (BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

14.8.2023   

EN

Official Journal of the European Union

C 286/10

Judgment of the Court (Sixth Chamber) of 29 June 2023 — European Commission v Portuguese Republic

(Case C-220/22) (1)

(Failure of a Member State to fulfil obligations - Environment - Directive 2008/50/EC - Ambient air quality - Systematic and persistent exceedance of the annual limit value for nitrogen dioxide (ΝΟ2) - Appropriate measures - As short an exceedance period as possible)

(2023/C 286/10)

Language of the case: Portuguese

Parties

Applicant: European Commission (represented by: I. Melo Sampaio and M. Noll-Ehlers, acting as Agents)

Defendant: Portuguese Republic (represented by: H. Almeida, P. Barros da Costa and J. Reis Silva, acting as Agents)

Operative part of the judgment

The Court:

1.

Declares that

—

by systematically and persistently exceeding the annual limit value for nitrogen dioxide (ΝΟ2) from 1 January 2010 to the year 2020 inclusive in the zones of Lisboa Norte (PT 3001), Porto Litoral (PT 1004) and Entre Douro e Minho (PT 1009), the Portuguese Republic has failed to fulfil its obligations under Article 13(1) of Directive 2008/50/EC of the European Parliament and of the Council of 21 May 2008 on ambient air quality and cleaner air for Europe, read in conjunction with Section B of Annex XI to that directive;

—

in respect of all of those zones, the Portuguese Republic has failed to fulfil its obligations under Article 23(1) of Directive 2008/50, read individually and in conjunction with Section A of Annex XV to that directive, and in particular its obligation under the second subparagraph of Article 23(1) of that directive to take appropriate measures so that the exceedance period can be kept as short as possible;

2.

Orders the Portuguese Republic to pay the costs.

(1)  OJ C 257, 4.7.2022.

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