Action brought on 3 February 2021 — European Commission v Hellenic Republic

(Case C-70/21)

(2021/C 128/34)

Language of the case: Greek

Parties

Applicant: European Commission (represented by: M. Konstantinidis and N. Noll-Ehlers, acting as Agents)

Defendant: Hellenic Republic

Form of order sought

The applicant claims that the Court of Justice should

—

declare that: — by systematically and consistently exceeding the limit values for PM10 concentrations as regards the daily limit value since 2005 in the EL0004 conurbation of Thessaloniki, the Hellenic Republic has failed to fulfil its obligations under the combined provisions of Article 13 of and Annex XI to Directive 2008/50/EC; (1) — by failing to adopt, from 11 June 2010, appropriate measures to ensure compliance with the limit values for PM10 concentrations in the EL0004 conurbation of Thessaloniki, the Hellenic Republic has failed to fulfil its obligations under Article 23(1) of Directive 2008/50/EC (in conjunction with Section A of Annex XV to that directive), and in particular the obligation, laid down in the second subparagraph of Article 23(1) of that directive, to take the appropriate measures to ensure that the duration of the exceedance of limit values is as short as possible;

—	order the Hellenic Republic to pay the costs.

Pleas in law and main arguments

By its first plea in law, the Commission submits that Directive 2008/50/EC on ambient air quality and cleaner air for Europe requires that Member States limit the exposure of citizens to small particles known as particulate matter (PM10). The Commission claims that since 2005, when compliance with daily and annual limit values for PM10 became mandatory (pursuant, initially, to Article 5(1) of Directive 1999/30/EC then to Article 13 of Directive 2008/50/EC), the Hellenic Republic, on the basis of its annual air quality reports, has failed consistently to ensure consistent compliance with daily limit values in the EL0004 conurbation of Thessaloniki.

By its second plea in law, the Commission claims that the second subparagraph of Article 23(1) of Directive 2008/50/EC imposes a clear and urgent obligation on Member States in the event that limit values are exceeded to adopt air quality plans setting out appropriate measures to ensure that the duration of any exceedance is as short as possible. The Commission submits that the Hellenic Republic failed to draw up an appropriate air quality plan in respect of the EL0004 conurbation of Thessaloniki, in breach of the obligation laid down in Article 23(1) of Directive 2008/50/EC.

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(1)  Directive 2008/50/ΕC 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).