Judgment of the Court (Third Chamber) of 24 March 2011 – Commission v Slovenia

(Case C-365/10)

Failure of a Member State to fulfil obligations – Pollution control – Limit values for concentrations of PM10 in ambient air

Actions for failure to fulfil obligations – Subject-matter of the dispute – Determination during the pre-litigation procedure – Obligation to present a coherent, detailed statement of objections – Extent (Art. 258 TFEU) (see paras 19-20)

Re:

Failure 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) and of 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 (OJ 2008 L 152, p. 1) – Failure to take the measures necessary in order that concentrations of PM

10

in ambient air should not exceed the limit values fixed.

Operative part

The Court:

1.

Declares that, for the years 2005 to 2007, by exceeding the limit values for annual and daily concentrations of PM10 in ambient air, the Republic of Slovenia 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 Republic of Slovenia to pay the costs.