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Case C-34/11: Action brought on 21 January 2011 — European Commission v Portuguese Republic
ECLI:EU:UNKNOWN:62011CN0034
62011CN0034
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Official Journal of the European Union
C 103/15
(Case C-34/11)
2011/C 103/26
Language of the case: Portuguese
Parties
Applicant: European Commission (represented by: P. Guerra e Andrade and A. Alcover San Pedro, Agents)
Defendant: Portuguese Republic
Form of order sought
—Declare that, by failing to ensure that the concentrations of PM10 in ambient air do not exceed the limit values required 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,* the Portuguese Republic has failed to fulfil its obligations under Article 13 of Directive 2008/50/EC.
—Order the Portuguese Republic to pay the costs.
Pleas in law and main arguments
In view of the objections raised by the Commission in its decision of 26 November 2009, and in the light of the reports submitted by Portugal, which show that the PM10 limit values continue to be exceeded in various zones and agglomerations and indicate in some cases a trend towards the long-term exceedance of the limits, the Commission takes the view that for the agglomerations and zones of Braga, Porto literal, Área Metropolitana de Lisboa Norte and Área Metropolitana de Lisboa Sul the Portuguese State has failed to fulfil the requirements of Article 13 of Directive 2008/50/EC.
(1)
OJ 2008 L 152, p. 1.