31.5.2021

EN

Official Journal of the European Union

C 206/18

(Case C-174/21)

(2021/C 206/23)

Language of the case: Bulgarian

Parties

Applicant: European Commission (represented by: I. Zalogin, M. Noll-Ehlers)

Defendant: Republic of Bulgaria

Form of order sought

The applicant claims that the Court should:

—declare that, by failing to adopt all the measures necessary to comply with the judgment of the Court of Justice of 5 April 2017, Commission v Bulgaria (C-488/15, EU:C:2017:267), the Republic of Bulgaria has failed to fulfil its obligations under Article 260(1) TFEU as regards the zones and agglomerations BG0001 Sofia, BG0002 Plovdiv, BG0004 North Bulgaria, BG0005 South-West Bulgaria and BG0006 South-East Bulgaria;

—order the Republic of Bulgaria to pay the Commission a daily lump sum of EUR 3 156, from the date of delivery of the judgment of 5 April 2017, Commission v Bulgaria (C-488/15, EU:C:2017:267), until the date of delivery of the judgment in the present case, or, should non-compliance end earlier, until 31 December of the last year of that non-compliance; in any event, that amount should be no less than the minimum lump sum of EUR 653 000;

—order the Republic of Bulgaria to pay the Commission a daily periodic penalty payment in the amount of EUR 5 677,20 for each zone in respect of air quality, from the date of delivery of the judgment of the Court in the present case until the year of full compliance with the judgment of 5 April 2017, Commission v Bulgaria (C-488/15, EU:C:2017:267), and

—order the Republic of Bulgaria to pay the costs.

Pleas in law and main arguments

Bulgaria has failed to do what is necessary to comply with the judgment of the Court in Case C-488/15 and continues to be in breach of (i) its obligations under 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, read in conjunction with Annex XI to that directive, and (ii) its obligations under Article 23 of that directive.