27.3.2023

Official Journal of the European Union

C 112/2

(Case C-342/21) (<span class="oj-super oj-note-tag">1</span>)

(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 exceeding of the limit values applicable to microparticles (PM10) in certain zones of Slovakia - Article 23(1) - Annex XV - Period during which those limit values are exceeded ‘as short as possible’ - Appropriate measures)

(2023/C 112/02)

Language of the case: Slovak

Parties

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

Defendant: Slovak Republic (represented by: S. Ondrášiková, acting as Agent)

Operative part of the judgment

The Court:

1.Declares that, by systematically and persistently exceeding the daily limit value applicable to microparticles (PM10) since 2005 in zone SKBB01 Banská Bystrica Region and, with the exception of years 2009, 2015 and 2016, in the agglomeration SKKO01.1 Košice, the Slovak Republic has failed to fulfil its obligations under Article 13(1) of 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, read in conjunction with Annex XI thereto;

2.Declares that, by failing to lay down appropriate measures in its air quality plans so that the period during which that limit value is exceeded can be kept as short as possible, in that zone and that agglomeration, and in zone SKKO02, Košice Region, the Slovak Republic has failed to fulfil its obligations under Article 23(1), second subparagraph, of that directive, read in conjunction with Annex XV thereto;

3.Orders the Slovak Republic to pay the costs.

(<span class="oj-super">1</span>) OJ C 278, 12.7.2021.