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Judgment of the Court (Fifth Chamber) of 10 May 2011. # European Commission v Kingdom of Sweden. # Failure of a Member State to fulfil obligations - Environment - Directive 1999/30/EC - Pollution control - Limit values for concentrations of PM10 in ambient air. # Case C-479/10.
ECLI:EU:C:2011:287
62010CJ0479
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(Case C-479/10)
Failure of a Member State to fulfil obligations – Environment – Directive 1999/30/EC – Pollution control – Limit values for concentrations of PM10 in ambient air
Actions for failure to fulfil obligations – Examination of the merits by the Court – Situation to be taken into consideration – Situation on expiry of the period laid down in the reasoned opinion (Art. 258 TFEU; Council Directive 1999/30, Art. 5(1))
Failure of a Member State to fulfil obligations – Infringement of Article 5(1) of Council Directive 1999/30/EC of 22 April 1999 relating to limit values for sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter and lead in ambient air (OJ 1999 L 163, p. 41) – PM10 particles exceeding limit values in ambient air in zones SW 2 and SW 4 in 2005, 2006 and 2007 and in zone SW 5 in 2005 and 2006.
Operative part
The Court:
1.Declares that, by exceeding the limit values for concentrations of PM10 in ambient air from 2005 to 2007 in zones SW 2 and SW 4 and in 2005 and 2006 in zone SW 5, the Kingdom of Sweden has failed to fulfil its obligations under Article 5(1) of Council Directive 1999/30/EC of 22 April 1999 relating to limit values for sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter and lead in ambient air;
2.Orders the Kingdom of Sweden to pay the costs.