# C_2022257EN.01000301.xml

| 4.7.2022 | EN | Official Journal of the European Union | C 257/3 |
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4.7.2022

EN

Official Journal of the European Union

C 257/3

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Judgment of the Court (Seventh Chamber) of 12 May 2022 — European Commission v Republic of Bulgaria

(Case C-730/19) (1)

(Failure of a Member State to fulfil obligations - Environment - Directive 2008/50/EC - Ambient air quality - Article 13(1) and Annex XI - Systematically and persistently exceeding limit values for sulphur dioxide (SO2) in zone BG0006 (South-East), Bulgaria - Article 23(1) and Annex XV - Exceedance period to be ‘as short as possible’ - Appropriate measures)

(2022/C 257/03)

Language of the case: Bulgarian

Parties

Applicant: European Commission (represented by: Y. Marinova and E. Manhaeve, acting as Agents)

Defendant: Republic of Bulgaria (represented by: E. Petranova and T. Mitova, acting as Agents)

Operative part of the judgment

| 1. | The Republic of Bulgaria,
  by failing to ensure that, first, the hourly limit value for sulphur dioxide (S02) as from 2007 up to and including 2018, and, second, the daily fixed limit values for SO2 as from 2007 up to and including 2018, with the exception of 2010 and 2012, were not systematically and persistently exceeded in zone BG006 (South-East) has failed to fulfil its obligations in accordance with the combined provisions of Article 13(1) and Annex XI of Directive 2008/50/EC of the European Parliament and the Council of 21 May 2008 on ambient air quality and cleaner air for Europe.
  by failing to adopt, as from 11 June 2010, appropriate measures to ensure compliance with the fixed limit values for SO2 in that zone and, in particular, by failing to ensure that the plans concerning air quality provide for appropriate measures to ensure that the period during which those limit values are exceeded is as short as possible, has failed to fulfil its obligations in accordance with the combined provisions of Article 23(1) and Annex XV section A of Directive 2008/50/CE. |
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1.

The Republic of Bulgaria,

by failing to ensure that, first, the hourly limit value for sulphur dioxide (S02) as from 2007 up to and including 2018, and, second, the daily fixed limit values for SO2 as from 2007 up to and including 2018, with the exception of 2010 and 2012, were not systematically and persistently exceeded in zone BG006 (South-East) has failed to fulfil its obligations in accordance with the combined provisions of Article 13(1) and Annex XI of Directive 2008/50/EC of the European Parliament and the Council of 21 May 2008 on ambient air quality and cleaner air for Europe.

by failing to adopt, as from 11 June 2010, appropriate measures to ensure compliance with the fixed limit values for SO2 in that zone and, in particular, by failing to ensure that the plans concerning air quality provide for appropriate measures to ensure that the period during which those limit values are exceeded is as short as possible, has failed to fulfil its obligations in accordance with the combined provisions of Article 23(1) and Annex XV section A of Directive 2008/50/CE.

| 2. | The Republic of Bulgaria is ordered to pay the costs. |
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2.

The Republic of Bulgaria is ordered to pay the costs.

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(1)  OJ C 399, 25.11.2019.

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