11.4.2023

Official Journal of the European Union

C 127/11

(Case C-633/21)

(Failure of a Member State to fulfil obligations - Environment - Directive 2008/50/EC - Ambient air quality - Article 13(1) and Annex XI - Systematic and persistent exceedance of the limit values for nitrogen dioxide (NO2) in the agglomeration of Athens (Greece) - Article 23(1) - Annex XV - Exceedance period to be ‘as short as possible’ - Appropriate measures)

(2023/C 127/12)

Language of the case: Greek

Parties

Applicant: European Commission (represented by: M. Konstantinidis and M. Noll-Ehlers, acting as Agents)

Defendant: Hellenic Republic (represented by: E. Skandalou, acting as Agent)

Operative part of the judgment

The Court:

1.Declares that:

—by systematically and persistently exceeding, from 2010 to 2020 inclusive, the annual limit value for nitrogen dioxide (NO2) in the agglomeration of Athens (EL 0003), the Hellenic Republic has failed to fulfil its obligations under the combined provisions of Article 13 of, and Annex XI to, 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, and

—by failing to adopt, as from 11 June 2010, appropriate measures to ensure compliance with the annual limit value for ΝΟ2 in that agglomeration, the Hellenic Republic has failed to fulfil its obligations under Article 23(1) of Directive 2008/50, read in conjunction with Section A of Annex XV to that directive, and in particular the obligation to ensure that the air quality plans set out appropriate measures so that the exceedance period of that limit value can be kept as short as possible;

2.Orders the Hellenic Republic to pay the costs.

OJ C 513, 20.12.2021.