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Case C-479/10: Action brought on 5 October 2010 — European Commission v Kingdom of Sweden
ECLI:EU:UNKNOWN:62010CN0479
62010CN0479
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Official Journal of the European Union
C 328/24
(Case C-479/10)
()
2010/C 328/40
Language of the case: Swedish
Parties
Applicant: European Commission (represented by: K. Simonsson and A. Alcover San Pedro, acting as Agents)
Defendant: Kingdom of Sweden
Form of order sought
—Declare that, by exceeding the limit values of PM10 in ambient air in 2005, 2006 and 2007 in zones SW 2 and SW 4 and in 2005 and 2006 in zone SW 5, the Kingdom of Sweden has failed to fulfil its obligations under Article 5(1) of Council Directive 1999/30/EC (1) of 22 April 1999 relating to limit values for sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter and lead in ambient air;
—Order Kingdom of Sweden to pay the costs.
Pleas in law and main arguments
Article 5(1) of Directive 1999/30 provides that Member States are to take the measures necessary to ensure that concentrations of PM10 in ambient air do not exceed the limit values laid down in Section I of Annex III as from the dates specified therein. The relevant date in this case is 1 January 2005.
It is apparent from the reports sent by Sweden to the Commission concerning 2005 to 2007 that the limit values for PM10 have been exceeded in zones SW 2 and SW 4 during that entire period, and in zone SW 5 in 2005 and 2006.
Accordingly, Sweden has failed to fulfil its obligations under Article 5(1) of Directive 1999/30 in respect of those zones and those years.
(1) OJ L 163, p. 41.