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Case C-404/13: Reference for a preliminary ruling from Supreme Court of the United Kingdom (United Kingdom) made on 16 July 2013 — R on the application of ClientEarth v Secretary of State for the Environment, Food and Rural Affairs
ECLI:EU:UNKNOWN:62013CN0404
62013CN0404
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Valentina R., lawyer
21.9.2013
Official Journal of the European Union
C 274/14
(Case C-404/13)
2013/C 274/25
Language of the case: English
Referring court
Parties to the main proceedings
Applicant: ClientEarth
Defendant: Secretary of State for the Environment, Food and Rural Affairs
Questions referred
1.Where, under the Air Quality Directive (2008/50/EC) (1) (‘the Directive’), in a given zone or agglomeration conformity with the limit values for nitrogen dioxide was not achieved by the deadline of 1 January 2010 specified in annex XI of the Directive, is a Member State obliged pursuant to the Directive and/or article 4 TEU to seek postponement of the deadline in accordance with article 22 of the Directive?
2.If so, in what circumstances (if any) may a Member State be relieved of that obligation?
3.To what extent (if at all) are the obligations of a Member State which has failed to comply with article 13 affected by article 23 (in particular its second paragraph)?
4.In the event of non-compliance with articles 13 or 22, what (if any) remedies must a national court provide as a matter of European law in order to comply with article 30 of the Directive and/or article 4 or 19 TEU?
(1) 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 L 152, p. 1