# C_2018445EN.01001101.xml

| 10.12.2018 | EN | Official Journal of the European Union | C 445/11 |
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10.12.2018

EN

Official Journal of the European Union

C 445/11

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Action brought on 12 October 2018 — European Commission v Romania

(Case C-638/18)

(2018/C 445/14)

Language of the case: Romanian

Parties

Applicant: European Commission (represented by: L. Nicolae and K. Petersen, acting as Agents)

Defendant: Romania

Form of order sought

The applicant claims that the Court should:

| — | declare that, by systematically and constantly failing, since 2007, to comply with the daily limit values for concentrations of PM10 and by constantly and systematically failing, from 2007 to 2014 inclusive, with the exception of 2013, to comply with the annual limit values for concentrations of PM10 in Zone RO32101, Bucharest, Romania has failed to fulfil its obligations under Article 13(1) of Directive 2008/50/EC, (1) read in conjunction with Annex XI thereto; |
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declare that, by systematically and constantly failing, since 2007, to comply with the daily limit values for concentrations of PM10 and by constantly and systematically failing, from 2007 to 2014 inclusive, with the exception of 2013, to comply with the annual limit values for concentrations of PM10 in Zone RO32101, Bucharest, Romania has failed to fulfil its obligations under Article 13(1) of Directive 2008/50/EC, (1) read in conjunction with Annex XI thereto;

| — | declare that, with regard to Zone RO32101, Bucharest, Romania has, since 11 June 2010, failed to fulfil the obligations laid down in Article 23(1) of Directive 2008/50/EC, read in conjunction with Section A of Annex XV thereto, in particular the obligation laid down in the second subparagraph of that provision to ensure that the period of exceeding the limit values for PM10 be as short as possible; |
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declare that, with regard to Zone RO32101, Bucharest, Romania has, since 11 June 2010, failed to fulfil the obligations laid down in Article 23(1) of Directive 2008/50/EC, read in conjunction with Section A of Annex XV thereto, in particular the obligation laid down in the second subparagraph of that provision to ensure that the period of exceeding the limit values for PM10 be as short as possible;

| — | order Romania to pay the costs. |
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order Romania to pay the costs.

Pleas in law and main arguments

Since 2007, the daily limit values for concentrations of PM10 have been systematically and constantly exceeded in Zone RO32101, Bucharest. Moreover, from 2007 to 2014 inclusive, with the exception of 2013, the annual limit values for concentrations of PM10 have been exceeded in that zone. Those exceedances are sufficient for a finding of infringement of Article 13(1) of Directive 2008/50/EC, read in conjunction with Annex XI thereto.

Despite those exceedances, Romania has not established plans for that zone which comply with Article 23(1) of that directive, in particular the obligation to adopt appropriate measures so that the period of exceeding the limit values for PM10 may be as short as possible. That failure to fulfil obligations is a result of the prolonged period during which the exceedances were recorded, the lengthy timeframes laid down for putting an end to the exceedances, the lack of some of the elements set out in Section A of Annex XV to the directive, and the fact that the plans do not address all the main causes of the exceedances of the limit values and also do not lay down sufficient mandatory measures to ensure compliance with those limit values.

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

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