Official Journal of the European Union

C 163/2

(Case C-664/18) (*)

(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 the limit values for nitrogen dioxide (NO₂) in certain areas of the United Kingdom - Article 23(1) - Annex XV - Exceedance period to be ‘as short as possible’ - Appropriate measures)

(2021/C 163/02)

Language of the case: English

Parties

Applicant: European Commission (represented initially by: J. Norris and K. Petersen, and subsequently by E. Manhaeve and J. Norris, acting as Agents)

Defendant: United Kingdom of Great Britain and Northern Ireland (represented by: F. Shibli, acting as Agent, assisted by J. Kerr Morrison, Barrister)

Intervener in support of the defendant: Federal Republic of Germany (represented initially by: T. Henze and S. Eisenberg, and subsequently by J. Möller and S. Eisenberg, acting as Agents, assisted by U. Karpenstein, F. Fellenberg and K. Dingemann, Rechtsanwälte)

Operative part of the judgment

The Court:

1.Declares that the United Kingdom of Great Britain and Northern Ireland, by systematically and persistently exceeding, in 16 zones of the United Kingdom, the annual limit value for Nitrogen Dioxide (NO₂), namely in the areas UK0001 (Greater London urban area); UK0002 (West Midlands urban area); UK0003 (Greater Manchester urban area); UK0004 (West Yorkshire urban area); UK0013 (Teesside urban area); UK0014 (The Potteries); UK0018 (Kingston upon Hull); UK0019 (Southampton urban area); UK0024 (Glasgow urban area); UK0029 (Eastern); UK0031 (South East); UK0032 (East Midlands); UK0033 (North West & Merseyside); UK0034 (Yorkshire & Humberside); UK0035 (West Midlands) and UK0036 (North East), as well as the hourly limit value for NO₂ in the area UK0001 (Greater London urban area) since the entry into force of those limit values on 1 January 2010, has failed to fulfil its obligations under the combined provisions of Article 13(1) and of Annex XI to Directive No 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 NO₂ in all those zones, has failed to fulfil its obligations under the combined provisions of Article 23(1), read alone and in conjunction with Annex XV to Directive 2008/50, and in particular the obligation laid down in the second subparagraph of Article 23(1) of that directive, to ensure that the period of exceedance of limit values is kept as short as possible;

2.Orders the United Kingdom of Great Britain and Northern Ireland to pay, in addition to its own costs, those incurred by the European Commission;

3.Orders the Federal Republic of Germany to bear its own costs.

* Language of the case: English.

(1) OJ C 445, 10.12.2018.

ECLI:EU:C:2021:140