# C_2008236EN.01000302.xml

| 13.9.2008 | EN | Official Journal of the European Union | C 236/3 |
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13.9.2008

EN

Official Journal of the European Union

C 236/3

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Judgment of the Court (Second Chamber) of 25 July 2008 (reference for a preliminary ruling from the Bundesverwaltungsgericht — Germany) — Dieter Janecek v Freistaat Bayern

(Case C-237/07) (1)

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(Directive 96/62/EC - Ambient air quality assessment and management - Fixing of limit values - Entitlement of a third party, whose health has been impaired, to have an action plan drawn up)

(2008/C 236/05)

Language of the case: German

Referring court

Bundesverwaltungsgericht

Parties to the main proceedings

Applicant: Dieter Janecek

Applicant:

Defendant: Freistaat Bayern

Defendant:

Re:

Reference for a preliminary ruling — Bundesverwaltungsgericht — Interpretation of Article 7(3) of Council Directive 96/62/EC of 27 September 1996 on ambient air quality assessment and management (OJ 1996 L 296, p. 55) — Entitlement of a third party whose health is impaired to have an action plan drawn up as provided for by the Directive, where that third party is entitled under national law to bring legal proceedings for measures to prevent the value limits of particulate matter being exceeded

Operative part of the judgment

| 1) | Article 7(3) of Council Directive 96/62/EC of 27 September 1996 on ambient air quality assessment and management, as amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council of 29 September 2003, must be interpreted as meaning that, where there is a risk that the limit values or alert thresholds may be exceeded, persons directly concerned must be in a position to require the competent national authorities to draw up an action plan, even though, under national law, those persons may have other courses of action available to them for requiring those authorities to take measures to combat atmospheric pollution. |
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1)

Article 7(3) of Council Directive 96/62/EC of 27 September 1996 on ambient air quality assessment and management, as amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council of 29 September 2003, must be interpreted as meaning that, where there is a risk that the limit values or alert thresholds may be exceeded, persons directly concerned must be in a position to require the competent national authorities to draw up an action plan, even though, under national law, those persons may have other courses of action available to them for requiring those authorities to take measures to combat atmospheric pollution.

| 2) | The Member States are obliged, subject to judicial review by the national courts, only to take such measures — in the context of an action plan and in the short term — as are capable of reducing to a minimum the risk that the limit values or alert thresholds may be exceeded and of ensuring a gradual return to a level below those values or thresholds, taking into account the factual circumstances and all opposing interests. |
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2)

The Member States are obliged, subject to judicial review by the national courts, only to take such measures — in the context of an action plan and in the short term — as are capable of reducing to a minimum the risk that the limit values or alert thresholds may be exceeded and of ensuring a gradual return to a level below those values or thresholds, taking into account the factual circumstances and all opposing interests.

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(1)  OJ C 183, 4.8.2007.

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