16.2.2013

Official Journal of the European Union

C 46/3

(Case C-68/11) (<span class="super">1</span>)

(Failure of a Member State to fulfil obligations - Environment - Directive 1999/30/EC - Pollution control - Limit values for concentrations of PM10 in ambient air)

2013/C 46/04

Language of the case: Italian

Parties

Applicant: European Commission (represented by: A. Alcover San Pedro and S. Mortoni, Agents)

Defendant: Italian Republic (represented by: G. Palmieri, Agent, and by S. Varone, avvocato dello Stato)

Re:

Failure of a Member State to fulfil obligations — Infringement of 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 (OJ 1999 L 163, p. 41; now Article 13 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, OJ 2008 L 152, p. 1) — Limit values for PM10 particles in ambient air exceeded from 2005

Operative part of the judgment

The Court:

1.Declares that, by having failed to ensure that, for the years 2006 and 2007, concentrations of PM10 in ambient air did not exceed the limit values set in 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 in the 55 Italian zones and agglomerations referred to in the European Commission’s letter of formal notice of 2 February 2009, the Italian Republic has failed to fulfil its obligations under that provision;

2.Dismisses the action as to the remainder;

3.Orders the European Commission and the Italian Republic to bear their own costs.

(<span class="super">1</span>) OJ C 145, 14.5.2011.