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Document 62018CA0644
Case C-644/18: Judgment of the Court (Grand Chamber) of 10 November 2020 — European Commission v Italian 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 limit values for microparticles (PM10) in certain Italian zones and agglomerations — Article 23(1) — Annex XV — Exceedance period to be ‘as short as possible’ — Appropriate measures)
Case C-644/18: Judgment of the Court (Grand Chamber) of 10 November 2020 — European Commission v Italian 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 limit values for microparticles (PM10) in certain Italian zones and agglomerations — Article 23(1) — Annex XV — Exceedance period to be ‘as short as possible’ — Appropriate measures)
Case C-644/18: Judgment of the Court (Grand Chamber) of 10 November 2020 — European Commission v Italian 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 limit values for microparticles (PM10) in certain Italian zones and agglomerations — Article 23(1) — Annex XV — Exceedance period to be ‘as short as possible’ — Appropriate measures)
IO C 9, 11.1.2021, p. 2–3
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
11.1.2021 |
EN |
Official Journal of the European Union |
C 9/2 |
Judgment of the Court (Grand Chamber) of 10 November 2020 — European Commission v Italian Republic
(Case C-644/18) (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 limit values for microparticles (PM10) in certain Italian zones and agglomerations - Article 23(1) - Annex XV - Exceedance period to be ‘as short as possible’ - Appropriate measures)
(2021/C 9/02)
Language of the case: Italian
Parties
Applicant: European Commission (represented initially by: G. Gattinara and K. Petersen, and subsequently by G. Gattinara and E. Manhaeve, acting as Agents)
Defendant: Italian Republic (represented by: G. Palmieri, acting as Agent, and by F. De Luca and P. Gentili, avvocati dello Stato)
Operative part of the judgment
The Court:
1. |
Declares that, by having systematically and persistently exceeded the limit values for concentrations of particulate matter PM10, and continuing to exceed them,
the Italian Republic has failed to fulfil its obligations under the provisions of Article 13 of, in conjunction with Annex XI to, 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, and by failing to adopt as from 11 June 2010 appropriate measures to ensure compliance with the limit values for concentrations of particulate matter PM10 in all those zones, the Italian Republic has failed to meet its obligations under Article 23(1) of Directive 2008/50, on its own and 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), to ensure that the air quality plans provide for appropriate measures to ensure that the period of exceedance of the limit values is kept as short as possible. |
2. |
Orders the Italian Republic to pay the costs. |