Opinion of the Advocate General — ECLI:EU:C:2022:359
Date: 2022-05-05
Language of the case: French
Subject matter: Environment
Procedure: Reference for a preliminary ruling
Origin: France

summary, the limit values for pollutants in ambient air and the obligations to improve ambient air quality under Articles 7 and 8 of Directive 96/62, in conjunction with Directive 1999/30, and under Articles 13 and 23 of Directive 2008/50 are intended to confer rights on individuals. B. Second question – further requirements for entitlement to compensation 104. The second question seeks to ascertain the conditions to which entitlement to compensation for damage to health is subject. Of particular interest to the referring court in that respect is the date on which the existence of the breach of the rules on the protection of air quality must be assessed. 105. In that connection, the other two conditions of entitlement to compensation must be recalled: the breach must be sufficiently serious (see section 1) and there must be a direct causal link between that breach and the damage (see section 2). (83) 1. Sufficiently serious infringement 106. In order to determine whether a sufficiently serious infringement of EU law has occurred, the national court before which a claim for compensation has been brought must take account of all the factors which characterise the situation brought before it. Those factors include the clarity and precision of the rule infringed, the measure of discretion left by that rule to the authorities, whether the infringement or the damage caused was intentional or involuntary, whether any error of law was excusable or inexcusable, and the fact that the position taken by an EU institution may have contributed towards the adoption or maintenance of national measures or practices contrary to EU law. (84) 107. It also follows from the case-law that a breach of EU law will clearly be sufficiently serious if it has persisted despite a judgment finding the breach in question to be established, or despite a preliminary ruling or settled case-law of the Court on the matter from which it is clear that the conduct in question constituted a breach. (85) (a) Exceedance of the limit values as a serious infringement 108. The obligation to comply with the limit values for PM10 (since 2005) and nitrogen dioxide (since 2010) – which arose initially from Article 7(1) of Directive 96/62 and Article 4, in conjunction with Annex II, and Article 5, in conjunction with Annex III, Section I, Stage 1, of Directive 1999/30 and, as of 11 June 2010, from Article 13(1) of and Annex XI to Directive 2008/50 – is unambiguous and leaves no discretion to the Member States. It might be inferred from that that such an infringement was serious by its very nature. 109. However, in the judgment in Janecek, concerning Directives 96/62 and 1999/30, the Court ruled that the Member States were not obliged to take measures to ensure that those limit values and/or alert thresholds are never exceeded. (86) Although the subsequent judgments concerning those directives suggest that exceedance of the limit values nevertheless constitutes an independent infringement of EU law, (87) Directive 2008/50 was already applicable at that time. Therefore, exceedance of the limit values during the period in which Directives 96/62 and 1999/30 were applicable alone could not be regarded as a serious infringement of EU law. 110. Nevertheless, the judgment in Janecek confirms the likewise clear and unconditional obligation to draw up action plans under Article 7(3) of Directive 96/62. (88) That obligation is closely linked to the exceedance of the limit values, as such exceedance does not occur or is at least minimised if the Member State has taken sufficient measures to reduce air pollution – whether before or during the period in which the limit values are applicable. 111. That connection is also clearly expressed in Directive 2008/50, because the obligation to draw up air quality plans under Article 23 is triggered by exceedance of the limit values under Article 13 and Annex XI. 112. I infer that, both under the previously applicable directives and under Directive 2008/50, an exceedance of the limit values for ambient air quality without a corresponding plan to remedy the exceedance constitutes a serious infringement of EU law which may establish entitlement to compensation. (b) Quality of the plans 113. Contrary to the view taken by the Republic of Poland, however, the mere existence of a plan is not sufficient to exclude a serious infringement. Rather, as the Italian Republic submits, in order to exclude a serious infringement of the limit values, a plan must not have any manifest deficiencies. 114. In that respect, it is first necessary to determine whether the competent authorities respected the requirements in Section A of Annex XV to Directive 2008/50 or Annex IV to Directive 96/62. Only if a plan is linked to the information provided for therein can it be assessed whether it is at all capable of bringing an end to the exceedance, or by when the exceedance is to be brought to an end. (89) 115. However, even if all formal requirements have been complied with, an infringement of the limit values may be sufficiently serious if the plan manifestly does not meet the substantive requirements because the competent bodies have breached the limits of their discretion. (90) Such deficiencies may reside, in particular, in the fact that the expected duration of the exceedance is clearly not ‘as short as possible’ or in the fact that the remedies are demonstrably inappropriate. It is also conceivable that the plans might be based on obviously incorrectly positioned sampling points (91) or grossly incorrect modelling techniques, with the result that the actual extent to which the limit values are exceeded is not taken into account. 116. It is for the national courts to examine those requirements in the main proceedings. In so doing, they should take into account that the Commission, when considering deadline extensions under Article 22 of Directive 2008/50, has already rejected the plans submitted by the French Republic for, inter alia, the Paris agglomeration. (92) Moreover, the Court has already held that, between 11 June 2010 and 16 April 2017, the French Republic manifestly failed to adopt, in a timely manner, appropriate measures, inter alia for that agglomeration, to ensure that the period of exceedance of the limit values for nitrogen dioxide (93) and PM10 (94) can be kept as short as possible. (c) Relevant period 117. The connection between a serious infringement of the limit values and the plan to eliminate the exceedance requires that periods of time to be taken into account in the assessment of the claim for compensation must be determined in the light of that plan. This is because any period during which a limit value has been exceeded without a sufficient plan is a period during which the Member State concerned has seriously infringed the air quality rules. 118. As regards the case in the main proceedings, that is to say, the Paris agglomeration, in the absence of a relevant postponement of the deadline in accordance with Article 22 of Directive 2008/50, the date of application of the respective limit values results from Annex XI, which corresponds to the previously applicable Directive 1999/30 in that respect. Thus, the limit values for PM10 have been applicable since 1 January 2005 and those for nitrogen dioxide since 1 January 2010. 119. By contrast, the obligation to draw up air quality plans under Article 23 of Directive 2008/50 did not come into being until the transposition deadline expired on 11 June 2010. 120. According to the third subparagraph of Article 23(1) of Directive 2008/50, those plans are to be communicated to the Commission without delay, but no later than two years after the end of the year the first exceedance was observed. Various Member States which are party to the proceedings infer from this that the obligation to draw up air quality plans did not become effective until that additional period had expired. 121. That view may be correct as regards exceedances of the limit values or target values plus any relevant margin of tolerance that occurred for the first time after the deadline for transposing Directive 2008/50 had expired. 122. By contrast, exceedances that already existed upon the expiry of the transposition deadline were subject to the previously applicable obligations under Article 7(3) and Article 8 of Directive 96/62, in conjunction with the limit values and margins of tolerance in Directive 1999/30. Those provisions established an obligation which is comparable to Article 23 of Directive 2008/50, but is even more extensive from a temporal point of view. (95) It already applied in the period prior to the application of the limit values, as soon as those values plus the associated margins of tolerance had been exceeded. 123. Article 11(1)(a)(iii) of Directive 96/62 also provided a time limit of two years for the submission of those plans. However, those plans had to ensure that the limit values were respected on the date on which they became applicable and therefore already effective at that date. 124. Consequently, Member States were already required to have drawn up the respective necessary plans if limit values were exceeded before the deadline for transposing Directive 2008/50. It appears as though that is the situation in the case in the main proceedings, as the French Republic had unsuccessfully applied to the Commission for postponements of the deadlines for PM10 and nitrogen dioxide for the Paris agglomeration, (96) and therefore assumed that the limit values had been exceeded. However, that would have to be reviewed by the national court. (d) Interim conclusion 125. A serious infringement of the rules on the protection of ambient air quality as regards PM10 or nitrogen dioxide laid down in Articles 7 and 8 of Directive 96/62, Directive 1999/30 and Articles 13 and 23 of Directive 2008/50 in the event of an exceedance of the limit values at the end of the time limit for their implementation covers all periods in which the respective applicable limit values were exceeded without there having been an air quality improvement plan which satisfied the requirements of Annex IV to Directive 96/62 or Section A of Annex XV to Directive 2008/50 and which also did not contain any manifest defects in other respects. 2. Direct causal link 126. The actual difficulties in enforcing claims for compensation lie in proving a direct causal link between the serious infringement of air quality rules and concrete damage to health. 127. The obligation for injured individuals to establish to the requisite legal standard the extent of the damage suffered as a result of a breach of EU law constitutes, in principle, a condition for the State’s liability for such damage. (97) 128. It is for the national courts to determine the exact standard of proof. They must ascertain whether the loss and damage claimed flows sufficiently directly from the breach of EU law by the Member State; (98) in so doing, however, they must observe the principles of equivalence and effectiveness. (99) The Court may, in order to give the national court a useful answer, provide it with all the guidance that it deems necessary. (100) 129. An act or – in the case of inadequate measures to improve ambient air quality – omission is the cause of damage only where such damage can be attributed directly to such an act. The requisite causal link does not exist where the damage would also have occurred in the absence of the relevant act or omission. (101) 130. It is true that the limit values for PM10 and nitrogen dioxide are based on the assumption of significant damage, in particular premature deaths, due to air pollution. (102) However, that does not prove that the suffering of certain people is due to exceedances of the limit values and to deficient air quality plans. This is because such suffering can also be caused by other factors, such as predisposition or personal behaviour, such as smoking. Since the World Health Organisation now recommends stricter limit values, (103) it also cannot be ruled out that the air is sufficiently polluted to cause such illnesses despite compliance with Directive 2008/50. 131. Therefore, in order to prove a direct causal link, the injured party must first prove that he or she has stayed, for a sufficiently long period of time, in an environment in which limit values for ambient air quality under EU law have been seriously infringed. The duration of that period is a medical question that requires a scientific answer. 132. Such a stay should in any event be able to result in particular from the workplace or the home, but also from other places where the person concerned has frequently stayed for a relatively long period of time. 133. However, it is not sufficient to have stayed in an agglomeration or zone in which the limit values were exceeded at one or more sampling points. This is because certain sampling points are to be established in such a way that they provide information on the pollution of the most polluted locations. (104) Therefore, even in such agglomerations or zones, there will be many places where the air is less polluted and meets the standards of EU law. 134. Therefore, the injured party must specifically prove that the limit values were exceeded at the claimed place where he or she stayed and during the claimed periods. However, if there was no sampling point at the place in question, it must be possible to determine the extent of pollution using modelling techniques, because Member States are also able to make use of that tool. (105) Accordingly, the European Environment Agency takes the view that the portion of the urban population living within 100 metres of major roads is exposed to excessive levels of pollutants if the limit values are exceeded in the agglomeration concerned. (106) 135. Second, anyone seeking compensation for air pollution must prove the existence of damage that can be linked to the relevant air pollution in the first place. 136. And third, the injured party must prove a direct causal link between the abovementioned stay at a place where a limit value for ambient air quality was seriously infringed and the damage claimed. 137. This will generally require medical reports, which will certainly also have to take into account the scientific basis on which the limit values were set and the recommendations of the World Health Organisation, which are even stricter in some cases. 138. It would be conceivable for that burden of proof to be reduced by way of a rebuttable presumption that a typical type of damage to health is attributable to a sufficiently long stay in an environment in which a limit value has been exceeded. Accordingly, in the case of apparently much more serious air pollution, the ECtHR has derived a presumption of harm from an exceedance of limit values and other strong indications. (107) In order to bring about such a reduction of the burden of proof, the injured party could invoke the principle of effectiveness where the full standard of proof, beyond any reasonable doubt, would make it excessively difficult to obtain compensation. 139. However, I do not consider it appropriate for the Court to decide in the present case whether such a presumption arises from EU law and, in particular, the rules on ambient air quality. Neither the request for a preliminary ruling nor the parties to the proceedings have raised that question. However, the acceptance of such a presumption would require an intensive discussion of the scientific basis for establishing a causal link between air pollution and damage to health. 140. In addition, some of the parties emphasise that the applicant complained of adverse effects to his health as early as in 2003, that is to say, before the limit value for PM10 became applicable. However, that does not rule out the possibility that he has suffered additional damage resulting from air pollution – whether because his condition has worsened or because healing has been prevented or delayed. An infringement of the limit values would be expected to have such effects in any case, because air pollution often amplifies the effects of existing health problems. (108) That question is also of a scientific nature and must be examined by the national court in each individual case. 141. Lastly, it is important to note that even if a direct link between a serious infringement of the limit values and damage to health were proven, the matter would not end there. Rather, the Member State may exonerate itself by proving that such exceedances would also have occurred if it had adopted in good time air quality plans that met the requirements of the directive. 3. Answer to the second question 142. In summary, entitlement to compensation for adverse effects to health resulting from an established exceedance of the limit values for PM10 or nitrogen dioxide in the ambient air following the end of the relevant time limit laid down in Articles 7 and 8 of Directive 96/62, in conjunction with Directive 1999/30, or Article 13 of Directive 2008/50 requires that the injured party proves a direct link between that adverse effect and his or her stay at a place where the respective applicable limit values were exceeded without there having been an air quality improvement plan which satisfied the requirements of Annex IV to Directive 96/62 or Section A of Annex XV to Directive 2008/50 and which also did not contain any manifest defects in other respects. V. Conclusion 143. I therefore propose that the Court give the following answer to the request for a preliminary ruling: (1) The limit values for pollutants in ambient air and the obligations to improve ambient air quality under Articles 7 and 8 of Council Directive 96/62/EC of 27 September 1996 on ambient air quality assessment and management, in conjunction with Council Directive 1999/30/EC of 22 April 1999 relating to limit values for sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter and lead in ambient air, and under Articles 13 and 23 of 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 are intended to confer rights on individuals. (2) Entitlement to compensation for adverse effects to health resulting from an established exceedance of the limit values for PM10 or nitrogen dioxide in the ambient air following the end of the relevant time limit laid down in Articles 7 and 8 of Directive 96/62, in conjunction with Directive 1999/30, or Article 13 of Directive 2008/50 requires that the injured party proves a direct link between that adverse effect and his or her stay at a place where the respective applicable limit values were exceeded without there having been an air quality improvement plan which satisfied the requirements of Annex IV to Directive 96/62 or Section A of Annex XV to Directive 2008/50 and which also did not contain any manifest defects in other respects. 1 Original language: German. 2 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), as amended by Commission Directive (EU) 2015/1480 of 28 August 2015 (OJ 2015 L 226, p. 4) (‘Directive 2008/50’). 3 In addition to the judgments concerning the applicant’s place of residence, namely judgments of 24 October 2019, Commission v France (Exceedance of limit values for nitrogen dioxide) (C‑636/18, EU:C:2019:900), and of 28 April 2022, Commission v France (Limit values – PM10) (C‑286/21, not published, EU:C:2022:319), see, for example, judgments of 5 April 2017, Commission v Bulgaria (C‑488/15, EU:C:2017:267); of 30 April 2020, Commission v Romania (Exceedance of the limit values for PM10) (C‑638/18, not published, EU:C:2020:334); of 10 November 2020, Commission v Italy (Limit values – PM10) (C‑644/18, EU:C:2020:895); of 3 February 2021, Commission v Hungary (Limit values – PM10) (C‑637/18, not published, EU:C:2021:92); and of 3 June 2021, Commission v Germany (Limit values – NO2) (C‑635/18, not published, EU:C:2021:437). 4 https://ec.europa.eu/info/law/better-regulation/have-your-say/initiatives/12677-Air-quality-revision-of-EU-rules_en, visited on 25 February 2022. 5 Case C‑375/21, Sdruzhenie ‘Za Zemyata – dostap do pravosadie’ and Others (OJ 2021 C 401, p. 2). 6 Case C‑174/21, Commission v Bulgaria (OJ 2021 C 206, p. 18). 7 Council Directive 96/62/EC of 27 September 1996 on ambient air quality assessment and management (OJ 1996 L 296, p. 55). 8 Council Directive 1999/30/EC of 22 April 1999 relating to limit values for sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter and lead in ambient air (OJ 1999 L 163, p. 41). 9 Air Quality – Time extensions (https://ec.europa.eu/environment/air/quality/time_extensions.htm, visited on 21 February 2022). 10 See, in particular, recitals 21, 25 and 32 of Decision C(2009) 5244 final of 2 July 2009, recitals 10, 14 to 16, 19 and 30 of Decision C(2010) 9168 final of 17 December 2010, both concerning PM10, and Article 1 of Decision C(2013) 920 final of 22 February 2013, concerning nitrogen dioxide. 11 Judgment of 24 October 2019, Commission v France (Exceedance of limit values for nitrogen dioxide) (C‑636/18, EU:C:2019:900). 12 Judgment of 28 April 2022, Commission v France (Limit values – PM10) (C‑286/21, not published, EU:C:2022:319). 13 Judgment of the Conseil d’État (Council of State) of 4 August 2021, Association les Amis de la Terre France et autres (428409, FR:CECHR:2021:428409.20210804, points 4 and 5). 14 Judgment of 19 December 2019, Deutsche Umwelthilfe (C‑752/18, EU:C:2019:1114, paragraphs 54 and 55). 15 Judgments of 19 November 1991, Francovich and Others (C‑6/90 and C‑9/90, EU:C:1991:428, paragraph 33); of 14 March 2013, Leth (C‑420/11, EU:C:2013:166, paragraph 40); of 24 June 2019, Popławski (C‑573/17, EU:C:2019:530, paragraph 56); and of 19 December 2019, Deutsche Umwelthilfe (C‑752/18, EU:C:2019:1114, paragraph 54). 16 Judgments of 5 March 1996, Brasserie du pêcheur and Factortame (C‑46/93 and C‑48/93, EU:C:1996:79, paragraph 51); of 24 March 2009, Danske Slagterier (C‑445/06, EU:C:2009:178, paragraph 20); and of 10 December 2020, Euromin Holdings (Cyprus) (C‑735/19, EU:C:2020:1014, paragraph 79). 17 Judgments of 19 November 1991, Francovich and Others (C‑6/90 and C‑9/90, EU:C:1991:428, paragraph 40); of 5 March 1996, Brasserie du pêcheur and Factortame (C‑46/93 and C‑48/93, EU:C:1996:79, paragraph 51); of 14 March 2013, Leth (C‑420/11, EU:C:2013:166, paragraph 41); and of 16 July 2020, Presidenza del Consiglio dei Ministri (C‑129/19, EU:C:2020:566, paragraph 34). 18 Judgments of 5 March 1996, Brasserie du pêcheur and Factortame (C‑46/93 and C‑48/93, EU:C:1996:79, paragraphs 21 and 22), and of 10 December 2020, Euromin Holdings (Cyprus) (C‑735/19, EU:C:2020:1014, paragraph 81). 19 See judgments of 24 March 2009, Danske Slagterier (C‑445/06, EU:C:2009:178, paragraphs 22 to 26); of 25 November 2010, Fuß (C‑429/09, EU:C:2010:717, paragraphs 49 and 50); and of 25 March 2021, Balgarska Narodna Banka (C‑501/18, EU:C:2021:249, paragraphs 63 and 86). 20 Judgments of 19 November 1991, Francovich and Others (C‑6/90 and C‑9/90, EU:C:1991:428, paragraph 40); of 4 July 2006, Adeneler and Others (C‑212/04, EU:C:2006:443, paragraph 112); and of 24 January 2018, Pantuso and Others (C‑616/16 and C‑617/16, EU:C:2018:32, paragraph 49). 21 See judgments of 10 May 2011, Commission v Sweden (C‑479/10, not published, EU:C:2011:287); of 15 November 2012, Commission v Portugal (C‑34/11, EU:C:2012:712); and of 19 December 2012, Commission v Italy (C‑68/11, EU:C:2012:815). 22 Accordingly, the 2003 annual report (questionnaire) for France (https://cdr.eionet.europa.eu/fr/eu/annualair/envqwuzxq/, visited on 24 February 2022) shows that the annual limit value, plus margin of tolerance, for nitrogen dioxide (Table 8b, line 14) and the daily limit value, plus margin of tolerance, for PM10 (Table 8c, line 14) were exceeded in the Paris agglomeration. 23 Judgment of 25 July 2008, Janecek (C‑237/07, EU:C:2008:447; ‘the judgment in Janecek’; paragraphs 44 to 46). 24 Communication from the Commission on notifications of postponements of attainment deadlines and exemptions from the obligation to apply certain limit values pursuant to Article 22 of Directive 2008/50/EC on ambient air quality and cleaner air for Europe (COM(2008) 403 final, p. 2). 25 See my Opinion in Commission v Bulgaria (C‑488/15, EU:C:2016:862, points 95 to 98). 26 See judgments of 10 May 2011, Commission v Sweden (C‑479/10, not published, EU:C:2011:287); of 15 November 2012, Commission v Portugal (C‑34/11, EU:C:2012:712); and of 19 December 2012, Commission v Italy (C‑68/11, EU:C:2012:815). 27 Judgments of 11 July 1985, Commission v Italy (101/84, EU:C:1985:330, paragraph 16); of 9 December 1997, Commission v France (C‑265/95, EU:C:1997:595, paragraphs 55 and 56); and of 13 December 2001, Commission v France (C‑1/00, EU:C:2001:687, paragraph 131). 28 Judgment of 19 December 2012, Commission v Italy (C‑68/11, EU:C:2012:815, paragraphs 64 and 65). 29 Judgment of 26 June 2019, Craeynest and Others (C‑723/17, EU:C:2019:533, paragraph 48). See also, in that regard, the judgments cited below in footnote 32. 30 See my Opinion in Craeynest and Others (C‑723/17, EU:C:2019:168, point 78). 31 See judgments of 5 April 1979, Ratti (148/78, EU:C:1979:110, paragraph 23), and of 4 October 2018, Link Logistik N&N (C‑384/17, EU:C:2018:810, paragraph 49). 32 Judgments of 5 April 2017, Commission v Bulgaria (C‑488/15, EU:C:2017:267); of 22 February 2018, Commission v Poland (C‑336/16, EU:C:2018:94); of 24 October 2019, Commission v France (Exceedance of limit values for nitrogen dioxide) (C‑636/18, EU:C:2019:900); of 30 April 2020, Commission v Romania (Exceedance of the limit values for PM10) (C‑638/18, not published, EU:C:2020:334); of 10 November 2020, Commission v Italy (Limit values – PM10) (C‑644/18, EU:C:2020:895); of 3 February 2021, Commission v Hungary (Limit values – PM10) (C‑637/18, not published, EU:C:2021:92); of 4 March 2021, Commission v United Kingdom (Limit values – NO2) (C‑664/18, not published, EU:C:2021:171); of 3 June 2021, Commission v Germany (Limit values – NO2) (C‑635/18, not published, EU:C:2021:437); and of 28 April 2022, Commission v France (Limit values – PM10) (C‑286/21, not published, EU:C:2022:319). 33 Judgments of 5 April 2017, Commission v Bulgaria (C‑488/15, EU:C:2017:267, paragraph 83); of 24 October 2019, Commission v France (Exceedance of limit values for nitrogen dioxide) (C‑636/18, EU:C:2019:900, paragraph 78); and of 10 November 2020, Commission v Italy (Limit values – PM10) (C‑644/18, EU:C:2020:895, paragraph 133). 34 Judgment of 25 July 2008, Janecek (C‑237/07, EU:C:2008:447, paragraph 44). 35 Judgments of 5 April 2017, Commission v Bulgaria (C‑488/15, EU:C:2017:267, paragraphs 105 and 106); of 24 October 2019, Commission v France (Exceedance of limit values for nitrogen dioxide) (C‑636/18, EU:C:2019:900, paragraph 79); and of 10 November 2020, Commission v Italy (Limit values – PM10) (C‑644/18, EU:C:2020:895, paragraph 134). 36 See point 53 above. 37 Judgments of 19 November 2014, ClientEarth (C‑404/13, EU:C:2014:2382, paragraph 42); of 5 April 2017, Commission v Bulgaria (C‑488/15, EU:C:2017:267, paragraph 70); and of 10 November 2020, Commission v Italy (Limit values – PM10) (C‑644/18, EU:C:2020:895, paragraphs 78 to 81). 38 Judgment of 10 November 2020, Commission v Italy (Limit values – PM10) (C‑644/18, EU:C:2020:895, paragraph 80). 39 Judgments of 19 November 2014, ClientEarth (C‑404/13, EU:C:2014:2382, paragraphs 43 to 47), and of 10 November 2020, Commission v Italy (Limit values – PM10) (C‑644/18, EU:C:2020:895, paragraph 81). 40 Judgments of 25 July 2008, Janecek (C‑237/07, EU:C:2008:447, paragraph 35), and of 19 November 2014, ClientEarth (C‑404/13, EU:C:2014:2382, paragraph 53). 41 Judgments of 25 January 2007, Robins and Others (C‑278/05, EU:C:2007:56, paragraph 72); of 25 April 2013, Hogan and Others (C‑398/11, EU:C:2013:272, paragraphs 50 to 52); and, specifically in relation to Directive 2008/50, my Opinion in Commission v Bulgaria (C‑488/15, EU:C:2016:862, point 76). See also point 106 et seq. below. 42 See in this respect below point 126 et seq. 43 Judgments of 25 July 2008, Janecek (C‑237/07, EU:C:2008:447, paragraph 46), and of 5 April 2017, Commission v Bulgaria (C‑488/15, EU:C:2017:267, paragraph 105). See also judgments of 24 October 1996, Kraaijeveld and Others (C‑72/95, EU:C:1996:404, paragraph 59); of 26 June 2019, Craeynest and Others (C‑723/17, EU:C:2019:533, paragraphs 34 and 45); and of 3 October 2019, Wasserleitungsverband Nördliches Burgenland and Others (C‑197/18, EU:C:2019:824, paragraphs 31 and 72). 44 Judgments of 8 October 1996, Dillenkofer and Others (C‑178/94, C‑179/94 and C‑188/94 to C‑190/94, EU:C:1996:375, paragraph 33 et seq.); of 4 October 2018, Kantarev (C‑571/16, EU:C:2018:807, paragraph 102); and of 10 December 2020, Euromin Holdings (Cyprus) (C‑735/19, EU:C:2020:1014, paragraphs 88 and 89). 45 See judgment of 26 June 2019, Craeynest and Others (C‑723/17, EU:C:2019:533, paragraph 67). 46 Judgment of 26 June 2019, Craeynest and Others (C‑723/17, EU:C:2019:533, paragraph 33). 47 See my Opinion in Craeynest and Others (C‑723/17, EU:C:2019:168, point 53). 48 Judgments of 30 May 1991, Commission v Germany (C‑361/88, EU:C:1991:224, paragraph 16), and of 30 May 1991, Commission v Germany (C‑59/89, EU:C:1991:225, paragraph 19). See also judgment of 17 October 1991, Commission v Germany (C‑58/89, EU:C:1991:391, paragraph 14). 49 Judgments of 25 July 2008, Janecek (C‑237/07, EU:C:2008:447, paragraphs 37 and 38); of 19 November 2014, ClientEarth (C‑404/13, EU:C:2014:2382, paragraph 54); of 26 June 2019, Craeynest and Others (C‑723/17, EU:C:2019:533, paragraphs 53 and 54); and of 19 December 2019, Deutsche Umwelthilfe (C‑752/18, EU:C:2019:1114, paragraph 38). 50 Judgments of 19 November 2014, ClientEarth (C‑404/13, EU:C:2014:2382, paragraph 52); of 26 June 2019, Craeynest and Others (C‑723/17, EU:C:2019:533, paragraphs 31 and 54); and of 19 December 2019, Deutsche Umwelthilfe (C‑752/18, EU:C:2019:1114, paragraphs 33, 39 and 54). 51 See judgment of 12 October 2004, Paul and Others (C‑222/02, EU:C:2004:606, paragraph 38). 52 See judgment of 12 October 2004, Paul and Others (C‑222/02, EU:C:2004:606, paragraph 44). 53 See judgment of 12 October 2004, Paul and Others (C‑222/02, EU:C:2004:606, paragraph 41). 54 Directive 94/19/EC of the European Parliament and of the Council of 30 May 1994 on deposit-guarantee schemes (OJ 1994 L 135, p. 5). 55 Judgment of 12 October 2004, Paul and Others (C‑222/02, EU:C:2004:606, paragraph 45). 56 Judgment of 12 October 2004, Paul and Others (C‑222/02, EU:C:2004:606, paragraph 42). 57 Judgment of 12 October 2004, Paul and Others (C‑222/02, EU:C:2004:606, paragraph 43). 58 Judgments of 19 November 1991, Francovich and Others (C‑6/90 and C‑9/90, EU:C:1991:428); of 25 January 2007, Robins and Others (C‑278/05, EU:C:2007:56); and of 25 April 2013, Hogan and Others (C‑398/11, EU:C:2013:272, paragraphs 50 to 52). 59 Judgment of 8 October 1996, Dillenkofer and Others (C‑178/94, C‑179/94 and C‑188/94 to C‑190/94, EU:C:1996:375, paragraph 33 et seq.). 60 Judgments of 4 October 2018, Kantarev (C‑571/16, EU:C:2018:807), and of 25 March 2021, Balgarska Narodna Banka (C‑501/18, EU:C:2021:249). 61 Judgment of 10 December 2020, Euromin Holdings (Cyprus) (C‑735/19, EU:C:2020:1014). 62 Judgment of 16 July 2020, Presidenza del Consiglio dei Ministri (C‑129/19, EU:C:2020:566). 63 Judgments of 4 October 2018, Kantarev (C‑571/16, EU:C:2018:807, paragraph 103), and of 10 December 2020, Euromin Holdings (Cyprus) (C‑735/19, EU:C:2020:1014, paragraph 90). 64 See, to that effect, judgments of 20 May 1976, De Peijper (104/75, EU:C:1976:67, paragraph 15); of 5 June 2007, Rosengren and Others (C‑170/04, EU:C:2007:313, paragraph 39); of 1 June 2010, Blanco Pérez and Chao Gómez (C‑570/07 and C‑571/07, EU:C:2010:300, paragraph 44); and of 25 November 2021, Delfarma (C‑488/20, EU:C:2021:956, paragraph 37). 65 Judgments of 19 November 1991, Francovich and Others (C‑6/90 and C‑9/90, EU:C:1991:428, paragraphs 31 to 33); of 5 March 1996, Brasserie du pêcheur and Factortame (C‑46/93 and C‑48/93, EU:C:1996:79, paragraph 20); and of 19 December 2019, Deutsche Umwelthilfe (C‑752/18, EU:C:2019:1114, paragraph 54). 66 Judgments of 19 November 1991, Francovich and Others (C‑6/90 and C‑9/90, EU:C:1991:428, paragraph 35); of 5 March 1996, Brasserie du pêcheur and Factortame (C‑46/93 and C‑48/93, EU:C:1996:79, paragraph 31); of 14 March 2013, Leth (C‑420/11, EU:C:2013:166, paragraph 40); of 28 July 2016, Tomášová (C‑168/15, EU:C:2016:602, paragraph 18); and of 19 December 2019, Deutsche Umwelthilfe (C‑752/18, EU:C:2019:1114, paragraph 54). 67 Now Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment (OJ 2012 L 26, p. 1). 68 Judgment of 14 March 2013, Leth (C‑420/11, EU:C:2013:166, paragraphs 32 and 36). See also judgments of 7 January 2004, Wells (C‑201/02, EU:C:2004:12, paragraph 66), and of 17 November 2016, Stadt Wiener Neustadt (C‑348/15, EU:C:2016:882, paragraph 45). 69 Judgment of 14 March 2013, Leth (C‑420/11, EU:C:2013:166, paragraphs 45 to 47), but see also my Opinion in Leth (C‑420/11, EU:C:2012:701, points 50 to 55). 70 Proposal for a Directive of the European Parliament and of the Council on ambient air quality and cleaner air for Europe (COM(2005) 447 final, p. 2). 71 Judgments of 10 May 2011, Commission v Sweden (C‑479/10, not published, EU:C:2011:287); of 15 November 2012, Commission v Portugal (C‑34/11, EU:C:2012:712); of 19 December 2012, Commission v Italy (C‑68/11, EU:C:2012:815); of 5 April 2017, Commission v Bulgaria (C‑488/15, EU:C:2017:267); of 22 February 2018, Commission v Poland (C‑336/16, EU:C:2018:94); of 24 October 2019, Commission v France (Exceedance of limit values for nitrogen dioxide) (C‑636/18, EU:C:2019:900); of 30 April 2020, Commission v Romania (Exceedance of the limit values for PM10) (C‑638/18, not published, EU:C:2020:334); of 10 November 2020, Commission v Italy (Limit values – PM10) (C‑644/18, EU:C:2020:895); of 3 February 2021, Commission v Hungary (Limit values – PM10) (C‑637/18, not published, EU:C:2021:92); of 4 March 2021, Commission v United Kingdom (Limit values – NO2) (C‑664/18, not published, EU:C:2021:171); of 3 June 2021, Commission v Germany (Limit values – NO2) (C‑635/18, not published, EU:C:2021:437); and of 28 April 2022, Commission v France (Limit values – PM10) (C‑286/21, not published, EU:C:2022:319). 72 Cases C‑573/19, Commission v Italy (nitrogen dioxide); C‑730/19, Commission v Bulgaria (nitrogen dioxide); C‑125/20, Commission v Spain (nitrogen dioxide); C‑70/21, Commission v Greece (PM10); C‑342/21, Commission v Slovakia (PM10); C‑633/21, Commission v Greece (nitrogen dioxide); and C‑220/22, Commission v Portugal (nitrogen dioxide). 73 Judgment of 26 June 2019, Craeynest and Others (C‑723/17, EU:C:2019:533). 74 Judgments of 25 July 2008, Janecek (C‑237/07, EU:C:2008:447), and of 19 December 2019, Deutsche Umwelthilfe (C‑752/18, EU:C:2019:1114). 75 Judgment of the Conseil d’État (Council of State) of 4 August 2021, Association les Amis de la Terre France et autres (428409, FR:CECHR:2021:428409.20210804). 76 Judgment of 19 November 2014, ClientEarth (C‑404/13, EU:C:2014:2382). 77 European Environment Agency, Unequal exposure and unequal impacts: Social vulnerability to air pollution, noise and extreme temperatures in Europe, EEA Report No 22/2018, pp. 19 and 21. 78 See also point 131 et seq. below. 79 European Environment Agency, Unequal exposure and unequal impacts: Social vulnerability to air pollution, noise and extreme temperatures in Europe, EEA Report No 22/2018, pp. 19-22. 80 See, moreover, points 77 and 78 above. 81 See judgments of 25 July 2008, Janecek (C‑237/07, EU:C:2008:447, paragraph 39); of 19 November 2014, ClientEarth (C‑404/13, EU:C:2014:2382, paragraph 56); and of 26 June 2019, Craeynest and Others (C‑723/17, EU:C:2019:533, paragraph 56); see also, fundamentally, my Opinion in Wasserleitungsverband Nördliches Burgenland and Others (C‑197/18, EU:C:2019:274, point 41 et seq.). 82 Judgment of 19 December 2019, Deutsche Umwelthilfe (C‑752/18, EU:C:2019:1114, paragraphs 54 and 55). 83 Judgments of 5 March 1996, Brasserie du pêcheur and Factortame (C‑46/93 and C‑48/93, EU:C:1996:79, paragraph 51); of 14 March 2013, Leth (C‑420/11, EU:C:2013:166, paragraph 41); and of 16 July 2020, Presidenza del Consiglio dei Ministri (C‑129/19, EU:C:2020:566, paragraph 34). 84 Judgments of 5 March 1996, Brasserie du pêcheur and Factortame (C‑46/93 and C‑48/93, EU:C:1996:79, paragraph 56), and of 29 July 2019, Hochtief Solutions Magyarországi Fióktelepe (C‑620/17, EU:C:2019:630, paragraph 42). 85 Judgments of 5 March 1996, Brasserie du pêcheur and Factortame (C‑46/93 and C‑48/93, EU:C:1996:79, paragraph 57); of 12 December 2006, Test Claimants in the FII Group Litigation (C‑446/04, EU:C:2006:774, paragraph 214); of 30 May 2017, Safa Nicu Sepahan v Council (C‑45/15 P, EU:C:2017:402, paragraph 31); and of 18 January 2022, Thelen Technopark Berlin (C‑261/20, EU:C:2022:33, paragraph 47). 86 Judgment of 25 July 2008, Janecek (C‑237/07, EU:C:2008:447, paragraph 44). 87 See point 53 above. 88 Judgment of 25 July 2008, Janecek (C‑237/07, EU:C:2008:447, paragraphs 35, 39 and 41). See also judgment of 19 November 2014, ClientEarth (C‑404/13, EU:C:2014:2382, paragraphs 53 and 56). 89 See point 46 above. 90 See judgments of 25 July 2008, Janecek (C‑237/07, EU:C:2008:447, paragraph 46), and of 5 April 2017, Commission v Bulgaria (C‑488/15, EU:C:2017:267, paragraph 105). See also judgments of 24 October 1996, Kraaijeveld and Others (C‑72/95, EU:C:1996:404, paragraph 59); of 26 June 2019, Craeynest and Others (C‑723/17, EU:C:2019:533, paragraphs 34 and 45); and of 3 October 2019, Wasserleitungsverband Nördliches Burgenland and Others (C‑197/18, EU:C:2019:824, paragraphs 31 and 72). 91 See judgment of 26 June 2019, Craeynest and Others (C‑723/17, EU:C:2019:533, paragraphs 43 to 45). 92 See point 20 above. 93 Judgment of 24 October 2019, Commission v France (Exceedance of limit values for nitrogen dioxide) (C‑636/18, EU:C:2019:900, paragraph 89). 94 Judgment of 28 April 2022, Commission v France (Limit values – PM10) (C‑286/21, not published, EU:C:2022:319, paragraph 77). 95 See above, point 42 et seq. 96 See point 20 above. 97 Judgment of 25 March 2021, Balgarska Narodna Banka (C‑501/18, EU:C:2021:249, paragraph 122). 98 Judgments of 5 March 1996, Brasserie du pêcheur and Factortame (C‑46/93 and C‑48/93, EU:C:1996:79, paragraph 65); of 20 October 2011, Danfoss and Sauer-Danfoss (C‑94/10, EU:C:2011:674, paragraph 34); and of 19 June 2014, Specht and Others (C‑501/12 to C‑506/12, C‑540/12 and C‑541/12, EU:C:2014:2005, paragraph 106). 99 Judgment of 20 October 2011, Danfoss and Sauer-Danfoss (C‑94/10, EU:C:2011:674, paragraph 36); and, to that effect, judgments of 13 July 2006, Manfredi and Others (C‑295/04 to C‑298/04, EU:C:2006:461, paragraph 64); and of 5 June 2014, Kone and Others (C‑557/12, EU:C:2014:1317, paragraph 24). 100 Judgment of 20 October 2011, Danfoss and Sauer-Danfoss (C‑94/10, EU:C:2011:674, paragraph 35). 101 To that effect, judgment of 28 October 2004, van den Berg v Council and Commission (C‑164/01 P, EU:C:2004:665, paragraph 57). 102 Commission Proposal of 21 September 2005 for a Directive of the European Parliament and of the Council on ambient air quality and cleaner air for Europe (COM(2005) 447 final, p. 2). See my Opinions in Commission v Bulgaria (C‑488/15, EU:C:2016:862, points 2 and 3), and in Craeynest and Others (C‑723/17, EU:C:2019:168, point 53). 103 WHO global air quality guidelines: particulate matter (PM2.5 and PM10), ozone, nitrogen dioxide, sulfur dioxide and carbon monoxide. Executive summary, Geneva: World Health Organisation; 2021. 104 See judgment of 26 June 2019, Craeynest and Others (C‑723/17, EU:C:2019:533, paragraph 43), concerning the first indent of point 1(a) of Section B of Annex III to Directive 2008/50. Point (a)(i) of Section I of Annex VI to Directive 1999/30 already contained the same requirements. 105 See judgment of 26 June 2019, Craeynest and Others (C‑723/17, EU:C:2019:533, paragraph 62), Article 6 of Directive 96/62, Article 7(4) of Directive 1999/30 and Articles 6, 7 and 10 and recitals 6 and 14 of Directive 2008/50. 106 European Environment Agency, Exceedance of air quality standards in Europe, https://www.eea.europa.eu/ims/exceedance-of-air-quality-standards, visited on 1 March 2022. According to that publication, in 2019, 10% of the urban population in the EU and the United Kingdom was exposed to excessive levels of PM10 and 3% to nitrogen dioxide. 107 Judgment of the ECtHR of 9 June 2005, Fadeyeva v. Russia (55723/00, CE:ECHR:2005:0609JUD005572300, §§ 87 and 88). 108 European Environment Agency, Unequal exposure and unequal impacts: Social vulnerability to air pollution, noise and extreme temperatures in Europe, EEA Report No 22/2018, pp. 19-21.