13.2.2023

Official Journal of the European Union

C 54/6

(Case C-61/21) (*)

(Reference for a preliminary ruling - Environment - Directives 80/779/EEC, 85/203/EEC, 96/62/EC, 1999/30/EC and 2008/50/EC - Air quality - Limit values for microparticles (PM10) and nitrogen dioxide (NO2) - Exceeded - Air quality plans - Damage caused to an individual on account of deterioration of the air resulting from the exceedance of those limit values - Liability of the Member State concerned - Conditions for establishing that liability - Requirement that the rule of EU law infringed be intended to confer rights on the individuals who have been harmed - No such intention)

(2023/C 54/06)

Language of the case: French

Referring court

Cour administrative d’appel, Versailles, (France)

Parties to the main proceedings

Applicant: JP

Defendants: Ministre de la Transition écologique, Premier ministre

Operative part of the judgment

Articles 3 and 7 of Council Directive 80/779/EEC of 15 July 1980 on air quality limit values and guide values for sulphur dioxide and suspended particulates, Articles 3 and 7 of Council Directive 85/203/EEC of 7 March 1985 on air quality standards for nitrogen dioxide, Articles 7 and 8 of Council Directive 96/62/EC of 27 September 1996 on ambient air quality assessment and management, Article 4(1) and Article 5(1) of Council Directive 1999/30/EC of 22 April 1999 relating to limit values for sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter and lead in ambient air, and Article 13(1) and Article 23(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,

must be interpreted as meaning that they are not intended to confer rights on individuals capable of entitling them to compensation from a Member State under the principle of State liability for loss and damage caused to individuals as a result of breaches of EU law attributable to that Member State.

(*) Language of the case: French.