CELEX: 62010CJ0479
Failure of a Member State to fulfil obligations
Environment
Directive 1999/30/EC
Pollution control
Limit values for concentrations of PM10 in ambient air

Judgment of the Court (Fifth Chamber) of 10 May 2011 – Commission v Sweden
(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))
Re
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 PMlO 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.