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Case C-61/21: Request for a preliminary ruling from the Cour administrative d’appel de Versailles (France) lodged on 2 February 2021 — JP v Ministre de la Transition écologique, Premier ministre
ECLI:EU:UNKNOWN:62021CN0061
62021CN0061
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Valentina R., lawyer
12.4.2021
EN
Official Journal of the European Union
C 128/25
(Case C-61/21)
(2021/C 128/31)
Language of the case: French
Referring court
Parties to the main proceedings
Appellant: JP
Respondents: Ministre de la Transition écologique, Premier ministre
Questions referred
1.Must the applicable rules of EU law resulting from the provisions of Article 13(1) […] and of Article 23(1) […] of Directive 2008/50/EC of 21 May 2008 on ambient air quality and cleaner air for Europe (OJ 2008 L 152 p. 1) (1) be interpreted as entitling individuals, in the event of a sufficiently serious breach by an EU Member State of the obligations resulting from those rules, to claim compensation from the Member State concerned for damage to their health in cases where there is a direct and certain causal link with the deterioration in air quality?
2.On the assumption that the provisions referred to above may indeed give rise to such an entitlement to compensation for damage to health, to what conditions is that entitlement subject, in particular with regard to the date on which the existence of the failure attributable to the Member State concerned must be assessed?
Language of the case: French
(1) OJ 2008 L 152, p. 1.