# C_2021401EN.01000201.xml

| 4.10.2021 | EN | Official Journal of the European Union | C 401/2 |
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4.10.2021

EN

Official Journal of the European Union

C 401/2

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Request for a preliminary ruling from the Varhoven administrativen sad (Bulgaria) lodged on 17 June 2021 — Sdruzhenie ‘Za Zemiata — dostap do pravosadie’ and Others, ‘The Green Tank — grazhdansko sdruzhenie s nestopanska tsel’ — Hellenic Republic, NS v Izpalnitelen direktor na Izpalnitelna agentsia po okolna sreda, TETS Maritsa-iztok 2 EAD

(Case C-375/21)

(2021/C 401/02)

Language of the case: Bulgarian

Referring court

Varhoven administrativen sad

Parties to the main proceedings

Appellants in cassation: Sdruzhenie ‘Za Zemiata — dostap do pravosadie’ and Others, ‘The Green Tank — grazhdansko sdruzhenie s nestopanska tsel’ — Hellenic Republic, NS

Respondents in the appeal in cassation: Izpalnitelen direktor na Izpalnitelna agentsia po okolna sreda, TETS Maritsa-iztok 2 EAD

Questions referred

| 1. | Is Article 4(3) TEU, read in conjunction with Article 18 of Directive 2010/75/EU (1) and Articles 13 and 23 of Directive 2008/50/EC, (2) to be interpreted as meaning that, when considering a request for a derogation under Article 15(4) of Directive 2010/75/EU, the competent authority must assess whether the granting of the derogation may jeopardise compliance with the environmental quality standards, taking into account all the relevant scientific data on pollution, including the measures under the relevant air quality programme in a given zone or agglomeration pursuant to Article 23 of Directive 2008/50/EC? |
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1.

Is Article 4(3) TEU, read in conjunction with Article 18 of Directive 2010/75/EU (1) and Articles 13 and 23 of Directive 2008/50/EC, (2) to be interpreted as meaning that, when considering a request for a derogation under Article 15(4) of Directive 2010/75/EU, the competent authority must assess whether the granting of the derogation may jeopardise compliance with the environmental quality standards, taking into account all the relevant scientific data on pollution, including the measures under the relevant air quality programme in a given zone or agglomeration pursuant to Article 23 of Directive 2008/50/EC?

| 2. | Is Article 4(3) TEU, read in conjunction with Article 18 of Directive 2010/75/EU and Articles 13 and 23 of Directive 2008/50/EC, to be interpreted as meaning that, when considering a request for a derogation within the meaning of Article 15(4) of Directive 2010/75/EU, the competent authority must refrain from setting less stringent emission limit values for air pollutants from an installation in so far as such a derogation would be contrary to the measures laid down in the relevant air quality programme adopted in the given zone or agglomeration pursuant to Article 23 of Directive 2008/50/EC and could jeopardise achieving the objective of keeping the period of exceedance of the air quality standards as short as possible? |
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2.

Is Article 4(3) TEU, read in conjunction with Article 18 of Directive 2010/75/EU and Articles 13 and 23 of Directive 2008/50/EC, to be interpreted as meaning that, when considering a request for a derogation within the meaning of Article 15(4) of Directive 2010/75/EU, the competent authority must refrain from setting less stringent emission limit values for air pollutants from an installation in so far as such a derogation would be contrary to the measures laid down in the relevant air quality programme adopted in the given zone or agglomeration pursuant to Article 23 of Directive 2008/50/EC and could jeopardise achieving the objective of keeping the period of exceedance of the air quality standards as short as possible?

| 3. | Is Article 4(3) TEU, read in conjunction with Article 18 of Directive 2010/75/EU and Article 13 of Directive 2008/50/EC, to be interpreted as meaning that, when considering a request for a derogation under Article 15(4) of Directive 2010/75/EU, the competent authority must assess whether, taking into account all the relevant scientific data on pollution, including the cumulative effect together with other sources of the pollutant concerned, the setting of less stringent emission limit values for air pollutants from an installation would contribute to the exceedance of the relevant emission limit values set in a given zone or agglomeration in accordance with Article 13 of Directive 2008/50/EC, and, if so, whether it must refrain from granting a derogation which would jeopardise the attainment of the environmental quality standards? |
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3.

Is Article 4(3) TEU, read in conjunction with Article 18 of Directive 2010/75/EU and Article 13 of Directive 2008/50/EC, to be interpreted as meaning that, when considering a request for a derogation under Article 15(4) of Directive 2010/75/EU, the competent authority must assess whether, taking into account all the relevant scientific data on pollution, including the cumulative effect together with other sources of the pollutant concerned, the setting of less stringent emission limit values for air pollutants from an installation would contribute to the exceedance of the relevant emission limit values set in a given zone or agglomeration in accordance with Article 13 of Directive 2008/50/EC, and, if so, whether it must refrain from granting a derogation which would jeopardise the attainment of the environmental quality standards?

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(1)  Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) (OJ 2010 L 334, p. 17).

(2)  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 (OJ 2008 L 152, p. 1).

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