# C_2018104EN.01001602.xml

| 19.3.2018 | EN | Official Journal of the European Union | C 104/16 |
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19.3.2018

EN

Official Journal of the European Union

C 104/16

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Request for a preliminary ruling from the Rechtbank van eerste aanleg te Brussel (Belgium) lodged on 29 December 2017 — Lies Craeynest and Others v Brussels Hoofdstedelijk Gewest and Brussels Instituut voor Milieubeheer; other party: Belgische Staat

(Case C-723/17)

(2018/C 104/21)

Language of the case: Dutch

Referring court

Referring court

Rechtbank van eerste aanleg te Brussel

Parties to the main proceedings

Parties to the main proceedings

Applicants: Lies Craeynest, Cristina Lopez Devaux, Frédéric Mertens, Stefan Vandermeulen, Karin De Schepper, ClientEarth

Applicants:

Defendants: Brussels Hoofdstedelijk Gewest and Brussels Instituut voor Milieubeheer

Defendants:

Other party: Belgische Staat

Other party:

Questions referred

Questions referred

| 1. | Should Article 4(3) and the second subparagraph of Article 19(1) of the Treaty on European Union, read in conjunction with the third paragraph of Article 288 of the Treaty on the Functioning of the European Union and Articles 6 and 7 of Directive 2008/50/EC (1) of 21 May 2008 on ambient air quality and cleaner air for Europe, be interpreted as meaning that, when it is alleged that a Member State has not sited the sampling points in a zone in accordance with the criteria set out in point B.1.(a) of Annex III to Directive 2008/50, it is for the national courts, on application by individuals who are directly affected by the exceedance of the limit values referred to in Article 13(1) of that directive, to examine whether the sampling points were sited in accordance with those criteria and, if they were not, to take all necessary measures against the national authority, such as an order, with a view to ensuring that the sampling points are sited in accordance with those criteria? |
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1.

Should Article 4(3) and the second subparagraph of Article 19(1) of the Treaty on European Union, read in conjunction with the third paragraph of Article 288 of the Treaty on the Functioning of the European Union and Articles 6 and 7 of Directive 2008/50/EC (1) of 21 May 2008 on ambient air quality and cleaner air for Europe, be interpreted as meaning that, when it is alleged that a Member State has not sited the sampling points in a zone in accordance with the criteria set out in point B.1.(a) of Annex III to Directive 2008/50, it is for the national courts, on application by individuals who are directly affected by the exceedance of the limit values referred to in Article 13(1) of that directive, to examine whether the sampling points were sited in accordance with those criteria and, if they were not, to take all necessary measures against the national authority, such as an order, with a view to ensuring that the sampling points are sited in accordance with those criteria?

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| 2. | Is a limit value within the meaning of Article 13(1) and Article 23(1) of [Directive 2008/50/EC] exceeded in the case where an exceedance of a limit value with an averaging period of one calendar year, as laid down in Annex XI to that directive, has been established on the basis of the measurement results from one single sampling point within the meaning of Article 7 of that directive, or does such an exceedance occur only when this becomes apparent from the average of the measurement results from all sampling points in a particular zone within the meaning of Directive 2008/50? |
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2.

Is a limit value within the meaning of Article 13(1) and Article 23(1) of [Directive 2008/50/EC] exceeded in the case where an exceedance of a limit value with an averaging period of one calendar year, as laid down in Annex XI to that directive, has been established on the basis of the measurement results from one single sampling point within the meaning of Article 7 of that directive, or does such an exceedance occur only when this becomes apparent from the average of the measurement results from all sampling points in a particular zone within the meaning of Directive 2008/50?

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(1)  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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