This document is an excerpt from the EUR-Lex website
Document 62021CJ0633
Judgment of the Court (Tenth Chamber) of 16 February 2023.
European Commission v Hellenic Republic.
Failure of a Member State to fulfil obligations – Environment – Directive 2008/50/EC – Ambient air quality – Article 13(1) and Annex XI – Systematic and persistent exceedance of the limit values for nitrogen dioxide (NO2) in the agglomeration of Athens (Greece) – Article 23(1) – Annex XV – Exceedance period to be ‘as short as possible’ – Appropriate measures.
Case C-633/21.
Judgment of the Court (Tenth Chamber) of 16 February 2023.
European Commission v Hellenic Republic.
Failure of a Member State to fulfil obligations – Environment – Directive 2008/50/EC – Ambient air quality – Article 13(1) and Annex XI – Systematic and persistent exceedance of the limit values for nitrogen dioxide (NO2) in the agglomeration of Athens (Greece) – Article 23(1) – Annex XV – Exceedance period to be ‘as short as possible’ – Appropriate measures.
Case C-633/21.
ECLI identifier: ECLI:EU:C:2023:112
Judgment of the Court (Tenth Chamber), 16 February 2023 –
Commission v Greece (Limit values – ΝΟ2)
(Case C‑633/21) ( 1 )
(Failure of a Member State to fulfil obligations – Environment – Directive 2008/50/EC – Ambient air quality – Article 13(1) and Annex XI – Systematic and persistent exceedance of the limit values for nitrogen dioxide (NO2) in the agglomeration of Athens (Greece) – Article 23(1) – Annex XV – Exceedance period to be ‘as short as possible’ – Appropriate measures)
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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 paragraph 31) |
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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, Art. 13 and Annex XI) (see paragraphs 33- 38, operative part 1) |
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Environment – Atmospheric pollution – Ambient air quality – Directive 2008/50 – Limit values for the protection of human health – Nitrogen dioxide – Exceeded – Evaluation criteria – Exceedance of a limit value measured at a single sampling point – Whether permissible (European Parliament and Council Directive 2008/50, Arts 13(1) and 23(1) and Annex XI) (see paragraph 39) |
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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) and 23(1), Annex XI and Annex XV, Section A) (see paragraphs 54-68, operative part 1) |
Operative part
The Court:
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Declares that:
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Orders the Hellenic Republic to pay the costs. |