12.6.2023

Official Journal of the European Union

C 205/7

(Case C-602/21) (<span class="oj-super oj-note-tag">1</span>)

(Failure of a Member State to fulfil obligations - Directive 2002/49/EC - Assessment and management of environmental noise - Noise prevention - Major roads and major railways - Article 8(1) and (2) - Non-compliant or nonexistent action plans - Article 10(2) - Annex VI - Nonexistent summaries of action plans)

(2023/C 205/08)

Language of the case: Polish

Parties

Applicant: European Commission (represented by: D. Milanowska, M. Noll-Ehlers and M. Rynkowski, acting as Agents)

Defendant: Republic of Poland (represented by: B. Majczyna, acting as Agent)

Operative part of the judgment

The Court:

1.Declares that the Republic of Poland has failed to fulfil its obligations under Article 8(1) and (2), Annex V, point 1, ninth indent, and Article 10(2) of Directive 2002/49/EC of the European Parliament and of the Council of 25 June 2002 relating to the assessment and management of environmental noise, read in conjunction with Annex VI of that directive:

—by failing to adopt, within the time limits laid down by that directive, action plans for the areas in which the limit values were not exceeded;

—by failing to make provision for the action plans to include actions intended to be taken in the next five years to preserve quiet areas;

—by failing to draw up action plans concerning the 13 major railways and 247 major roads referred to in Annex A to the present judgment; and

—by failing to submit summaries of the action plans concerning those major railways and major roads as well as the 16 major roads referred to in Annex B to the present judgment.

2.Orders the Republic of Poland to pay the costs.

* Language of the case: Polish.

(1) OJ C 490, 6.12.2021.