Official Journal of the European Union

C 9/9

(Case C-34/11) (<span class="super">1</span>)

(Failure of a Member State to fulfil obligations - Pollution control - Limit values for concentrations of PM10 in ambient air)

2013/C 9/12

Language of the case: Portuguese

Parties

Applicant: European Commission (represented by: P. Guerra e Andrade, A. Alcover San Pedro and S. Petrova, Agents)

Defendant: Portuguese Republic (represented by: L. Inez Fernandes and M.J. Lois, Agents)

Re:

Failure of a Member State to fulfil obligations — Infringement of 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 and alert thresholds for the protection of human health — Concentrations of PM10 in ambient air

Operative part of the judgment

The Court:

1.Declares that, by having failed to ensure that, for the years 2005 to 2007, the daily 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 zones and agglomerations of Braga, Porto Litoral, Área Metropolitana de Lisboa Norte and Área Metropolitana de Lisboa Sul, the Portuguese 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 Portuguese Republic to bear their own costs.

(<span class="super">1</span>) OJ C 103, 2.4.2011.