Judgment — ECLI:EU:C:2008:447
Date: 2008-07-25
Language of the case: German
Court formation: Second Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Environment;Pollution
Concepts: Environment
Procedure: Reference for a preliminary ruling
Origin: Germany

Summary of the Judgment 1. Environment – Ambient air quality assessment and management – Directive 96/62 (Council Directive 96/62, as amended by Regulation No 1882/2003, Art. 7(3)) 2. Environment – Ambient air quality assessment and management – Directive 96/62 (Council Directive 96/62, as amended by Regulation No 1882/2003, Art. 7(3)) 1. Article 7(3) of Directive 96/62 on ambient air quality assessment and management, as amended by Regulation No 1882/2003, must be interpreted as meaning that, where there is a risk that the emission limit values in respect of particulate matter PM10 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. (see para. 42, operative part 1) 2. In the application of Article 7(3) of Directive 96/62 on ambient air quality assessment and management, as amended by Regulation No 1882/2003, the Member States are obliged, subject to judicial review by the national courts, 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 emission limit values in respect of particulate matter PM10 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. (see para. 47, operative part 2)