This document is an excerpt from the EUR-Lex website
Document 62018CJ0635
Judgment of the Court (Seventh Chamber) of 3 June 2021.
European Commission v Federal Republic of Germany.
Failure of a Member State to fulfil obligations – Environment – Directive 2008/50/EC – Ambient air quality – Article 13(1) and Annex XI – Systematic and constant exceedance of the limit values for nitrogen dioxide (NO2) in certain zones and agglomerations of Germany – Article 23(1) – Annex XV – Exceedance period to be ‘as short as possible’ – Appropriate measures.
Case C-635/18.
Judgment of the Court (Seventh Chamber) of 3 June 2021.
European Commission v Federal Republic of Germany.
Failure of a Member State to fulfil obligations – Environment – Directive 2008/50/EC – Ambient air quality – Article 13(1) and Annex XI – Systematic and constant exceedance of the limit values for nitrogen dioxide (NO2) in certain zones and agglomerations of Germany – Article 23(1) – Annex XV – Exceedance period to be ‘as short as possible’ – Appropriate measures.
Case C-635/18.
Court reports – general
ECLI identifier: ECLI:EU:C:2021:437
Judgment of the Court (Seventh Chamber) of 3 June 2021 – Commission v Germany (Limit values – NO2)
(Case C‑635/18) ( 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 constant exceedance of the limit values for nitrogen dioxide (NO2) in certain zones and agglomerations of Germany – 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 – Initial complaints set out in greater detail in the application instituting proceedings – Whether permissible (Art. 258 TFEU) (see para. 47) |
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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 paras 53-58) |
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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(1) and Annex XI) (see paras 77-84, 89, 90, 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 paras 86, 87) |
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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) and Annexes XI and XV) (see paras 138-152, operative part 1) |
Operative part
The Court:
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Declares that the Federal Republic of Germany,
and
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Orders the Federal Republic of Germany to bear its own costs and to pay those incurred by the European Commission; |
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Orders the United Kingdom of Great Britain and Northern Ireland to bear its own costs. |
( 1 ) OJ C 436, 3.12.2018.