# C_2022237EN.01001901.xml

| 20.6.2022 | EN | Official Journal of the European Union | C 237/19 |
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20.6.2022

EN

Official Journal of the European Union

C 237/19

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Judgment of the Court (Tenth Chamber) of 28 April 2022 — European Commission v French Republic

(Case C-286/21) (1)

(Failure of a Member State to fulfil obligations - Environment - Directive 2008/50/EC - Ambient air quality - Article 13(1) and Annex XI - Systematic and persistent exceedance of the limit values for micro particles (PM10) in certain zones in France - Article 23(1) - Annex XV - Exceedance period to be ‘as short as possible’ - Appropriate measures)

(2022/C 237/24)

Language of the case: French

Parties

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

Defendant: French Republic (represented by: T. Stéhelin and W. Zemamta, acting as Agents)

Operative part of the judgment

The Court:

| 1. | Declares that the French Republic, by not having ensured that the daily limit value applicable to concentrations of microparticles (PM10) was not systematically and persistently exceeded, from 1 January 2005 to 2019 inclusive, in the Paris agglomeration and quality zone (FR04A01/FR11ZAG01) and, from 1 January 2005 to 2016 inclusive, with the exception of 2008, in the Martinique/Fort-de-France agglomeration and quality zone (FR39N10/FR02ZAR01), failed to fulfil its obligations under Article 13(1) 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, read in conjunction with Annex XI of that directive, and
  by not having ensured that the air quality plans set out appropriate measures, so that the exceedance period of that limit value could be kept as short as possible in those two zones, from 11 June 2010, failed to fulfil its obligations under the second paragraph of Article 23(1) of Directive 2008/50, read in conjunction with Annex XV of that directive; |
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1.

Declares that the French Republic, by not having ensured that the daily limit value applicable to concentrations of microparticles (PM10) was not systematically and persistently exceeded, from 1 January 2005 to 2019 inclusive, in the Paris agglomeration and quality zone (FR04A01/FR11ZAG01) and, from 1 January 2005 to 2016 inclusive, with the exception of 2008, in the Martinique/Fort-de-France agglomeration and quality zone (FR39N10/FR02ZAR01), failed to fulfil its obligations under Article 13(1) 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, read in conjunction with Annex XI of that directive, and

by not having ensured that the air quality plans set out appropriate measures, so that the exceedance period of that limit value could be kept as short as possible in those two zones, from 11 June 2010, failed to fulfil its obligations under the second paragraph of Article 23(1) of Directive 2008/50, read in conjunction with Annex XV of that directive;

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

Orders the French Republic to pay the costs.

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(1)  OJ C 252, 28.6.2021.

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