# C_2023173EN.01000202.xml

| 15.5.2023 | EN | Official Journal of the European Union | C 173/2 |
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15.5.2023

EN

Official Journal of the European Union

C 173/2

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Judgment of the Court (Sixth Chamber) of 23 March 2023 — European Commission v Hellenic Republic

(Case C-70/21) (1)

(Failure of a Member State to fulfil obligations - Environment - Directive 2008/50/EC - Ambient air quality - Article 13(1) - Annex XI - Systematic and persistent exceedance of the daily limit value for microparticles (PM10) in the conurbation of Thessaloniki (EL0004) - Article 23(1) - Annex XV - Exceedance period to be ‘as short as possible’ - Appropriate measures)

(2023/C 173/03)

Language of the case: Greek

Parties

Applicant: European Commission (represented by: M. Konstantinidis and M. Noll-Ehlers, acting as Agents)

Defendant: Hellenic Republic (represented by: E. Skandalou, acting as Agent)

Operative part of the judgment

The Court:

| 1. | Declares that,






  — | by failing to ensure that the daily limit value for PM10 was not exceeded systematically and persistently from 2005 to 2012 inclusive, in 2014 and again from 2017 to 2019 inclusive, in the EL0004 conurbation of Thessaloniki, the Hellenic Republic has failed to fulfil its obligations under Article 13(1) of, in conjunction with Annex XI to, 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,
  and |
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1.

Declares that,

—

by failing to ensure that the daily limit value for PM10 was not exceeded systematically and persistently from 2005 to 2012 inclusive, in 2014 and again from 2017 to 2019 inclusive, in the EL0004 conurbation of Thessaloniki, the Hellenic Republic has failed to fulfil its obligations under Article 13(1) of, in conjunction with Annex XI to, 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,

and

| — | by failing to adopt, from 11 June 2010, appropriate measures to ensure compliance with the limit values for PM10 concentrations in the EL0004 conurbation of Thessaloniki, the Hellenic Republic has failed to meet the obligations under Article 23(1) of Directive 2008/50/EC, read in conjunction with Annex XV to that directive, and in particular the obligation to ensure that air quality plans provide for appropriate measures to ensure that the duration of the exceedance of limit values is as short as possible. |
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—

by failing to adopt, from 11 June 2010, appropriate measures to ensure compliance with the limit values for PM10 concentrations in the EL0004 conurbation of Thessaloniki, the Hellenic Republic has failed to meet the obligations under Article 23(1) of Directive 2008/50/EC, read in conjunction with Annex XV to that directive, and in particular the obligation to ensure that air quality plans provide for appropriate measures to ensure that the duration of the exceedance of limit values is as short as possible.

| 2. | Orders the Hellenic Republic to pay the costs. |
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2.

Orders the Hellenic Republic to pay the costs.

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(1)  OJ C 128, 12.4.2021.

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