# C_2019399EN.01003401.xml

| 25.11.2019 | EN | Official Journal of the European Union | C 399/34 |
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25.11.2019

EN

Official Journal of the European Union

C 399/34

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Action brought on 3 October 2019 — European Commission v Republic of Bulgaria

(Case C-730/19)

(2019/C 399/40)

Language of the case: Bulgarian

Parties

Applicant: European Commission (represented by: Y. Marinova and E. Manhaeve)

Defendant: Republic of Bulgaria

Form of order sought

The European Commission claims that the Court should:

| — | declare that the Republic of Bulgaria has failed to fulfil its obligations in accordance with Article 13(1) of Directive 2008/50/EC, (1) in conjunction with Annex XI to that directive, by systematically and continuously exceeding in zone BG0006 (South-East):






  (i) | the hourly limit values for SO2 as from 2007; |
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declare that the Republic of Bulgaria has failed to fulfil its obligations in accordance with Article 13(1) of Directive 2008/50/EC, (1) in conjunction with Annex XI to that directive, by systematically and continuously exceeding in zone BG0006 (South-East):

(i)

the hourly limit values for SO2 as from 2007;

| (ii) | the daily limit values for SO2 as from 2007, with the exception of 2010 and 2012; |
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(ii)

the daily limit values for SO2 as from 2007, with the exception of 2010 and 2012;

| — | declare that, as from 11 June 2010, the Republic of Bulgaria has failed to fulfil its obligations in accordance with Article 23(1) of Directive 2008/50/EC, in conjunction with Section A of Annex XV to that directive, and in particular its obligation in accordance with the second subparagraph of Article 23(1) to ensure as short as possible a period in which the abovementioned limit values for SO2 in zone BG0006 (South-East) are exceeded; |
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declare that, as from 11 June 2010, the Republic of Bulgaria has failed to fulfil its obligations in accordance with Article 23(1) of Directive 2008/50/EC, in conjunction with Section A of Annex XV to that directive, and in particular its obligation in accordance with the second subparagraph of Article 23(1) to ensure as short as possible a period in which the abovementioned limit values for SO2 in zone BG0006 (South-East) are exceeded;

| — | order the Republic of Bulgaria to pay the costs. |
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order the Republic of Bulgaria to pay the costs.

Pleas in law and main arguments

First, the Commission claims that Bulgaria has infringed the provisions of Article 13(1) of Directive 2008/50/EC, in conjunction with Annex XI to that directive, in so far as it has systematically and continuously exceeded, in zone BG0006 (South-East), the hourly and daily limit values for SO2.

Secondly, the Commission maintains that Bulgaria has infringed the provisions of the second subparagraph of Article 23(1) of Directive 2008/50/EC, in conjunction with Section A of Annex XV to that directive, in so far as, as from 11 June 2010, it has not included in its air quality plans any appropriate measures intended to ensure that the period during which the limit values are exceeded is as short as possible.

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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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