23.10.2010

Official Journal of the European Union

C 288/19

(Case C-365/10)

()

(2010/C 288/32)

Language of the case: Slovene

Parties

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

Defendant: Republic of Slovenia

Form of order sought

—A declaration that, because for several years running the limit values for annual and daily concentrations of PM10 in ambient air have been exceeded, the Republic of Slovenia 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, which have since 11 June 2010 been laid down in Article 13(1) of Directive 2008/50/EC (2) of the European Parliament and of the Council of 21 May 2008 on ambient air quality and cleaner air for Europe;

—order the Republic of Slovenia to pay the costs.

Pleas in law and main arguments

It is apparent from the annual report produced by the Republic of Slovenia on observance of the binding daily and annual limit values for PM10 that, in the Republic of Slovenia in the years 2005, 2006 and 2007, in zones S11, S12 and S14 and in agglomerations SIL and SIM, the limit values for annual and daily concentrations of PM 10 in ambient air were exceeded. The European Commission has received no official notification concerning exemption from the obligation to apply the limit values in accordance with Article 22(2) of Directive 2008/50/EC.

(1) OJ 1999 L 163, p. 41.

(2) OJ 2008 L 152, p. 1.

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