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Document 62013CN0404

Case C-404/13: Reference for a preliminary ruling from Supreme Court of the United Kingdom (United Kingdom) made on 16 July 2013 — R on the application of ClientEarth v Secretary of State for the Environment, Food and Rural Affairs

OJ C 274, 21.9.2013, p. 14–15 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
OJ C 274, 21.9.2013, p. 10–10 (HR)

21.9.2013   

EN

Official Journal of the European Union

C 274/14


Reference for a preliminary ruling from Supreme Court of the United Kingdom (United Kingdom) made on 16 July 2013 — R on the application of ClientEarth v Secretary of State for the Environment, Food and Rural Affairs

(Case C-404/13)

2013/C 274/25

Language of the case: English

Referring court

Supreme Court of the United Kingdom

Parties to the main proceedings

Applicant: ClientEarth

Defendant: Secretary of State for the Environment, Food and Rural Affairs

Questions referred

1.

Where, under the Air Quality Directive (2008/50/EC) (1) (‘the Directive’), in a given zone or agglomeration conformity with the limit values for nitrogen dioxide was not achieved by the deadline of 1 January 2010 specified in annex XI of the Directive, is a Member State obliged pursuant to the Directive and/or article 4 TEU to seek postponement of the deadline in accordance with article 22 of the Directive?

2.

If so, in what circumstances (if any) may a Member State be relieved of that obligation?

3.

To what extent (if at all) are the obligations of a Member State which has failed to comply with article 13 affected by article 23 (in particular its second paragraph)?

4.

In the event of non-compliance with articles 13 or 22, what (if any) remedies must a national court provide as a matter of European law in order to comply with article 30 of the Directive and/or article 4 or 19 TEU?


(1)  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

OJ L 152, p. 1


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