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Case C-220/22: Action brought on 25 March 2022 — European Commission v Portuguese Republic
ECLI:EU:UNKNOWN:62022CN0220
62022CN0220
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4.7.2022
EN
Official Journal of the European Union
C 257/23
(Case C-220/22)
(2022/C 257/30)
Language of the case: Portuguese
Parties
Applicant: European Commission (represented by: I. Melo Sampaio and M. Noll-Ehlers, acting as Agents)
Defendant: Portuguese Republic
Form of order sought
The applicant claims that the Court of Justice should:
—Declare that, by systematically and persistently exceeding the annual limit value of NO₂, from 1 January 20202 onwards, in the zones PT-3001 Lisboa Norte, PT-1004 Porto Litoral and PT-1009 Entre Douro e Minho (previously PT-1001 Braga), Portugal has failed to fulfil its obligations under Article 13(1) 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, (1) read in conjunction with Part B of Annex XI thereto;
—Declare that Portugal has failed to fulfil its obligations under Article 23(1) of Directive 2008/50/EC, individually and read in conjunction with Part A of Annex XV to that directive, in relation to all of those zones, and in particular its obligation, under the second subparagraph of Article 23(1), to take appropriate measures, so that the exceedance period can be kept as short as possible;
—order the Portuguese Republic to pay the costs.
Pleas in law and main arguments
The data submitted by Portugal show that that Member State has, since 1 January 2010, been in breach of its obligations under Article 13(1) of Directive 2008/50, read in conjunction with Part B of Annex XI thereto, in which reference is made to the zones Porto Litoral (PT-1004), Entre Douro e Minho (PT-1009) and Lisboa Norte (PT-3001).
Furthermore, the Portuguese authorities have failed to adopt or implement all appropriate measures required to ensure that the exceedance period, in the zones Lisboa Norte (PT-3001), Porto Litoral (PT-1004) and Entre Douro e Minho (PT-1009), in respect of the annual limit value of NO₂ laid down in Article 13(1) of Directive 2008/50, read in conjunction with Part B of Annex XI thereto, was kept as short as possible in accordance with the requirements under Article 23(1) of that directive.
(1) OJ 2008 L 152, p. 1