Judgment;Information — ECLI:EU:C:2021:171
Date: 2021-03-04
Language of the case: English
Court formation: Seventh Chamber
Subject matter: Environment
Procedure: Action for failure to fulfil obligations - successful
Origin: United Kingdom

summary or vague, in particular those contained in the plans for the zones UK0001 (Greater London urban area), UK0003 (Greater Manchester urban area), UK0013 (Teesside urban area), UK0014 (The Potteries), UK0018 (Kingston upon Hull), UK0019 (Southampton area), UK0024 (Glasgow urban area), UK0032 (East Midlands), UK0033 (North West & Merseyside), UK0034 (Yorkshire & Humberside), UK0035 (West Midlands) and UK0036 (North East). 148 The 2015 plans also provide, without exception, a time period for attainment that could be of considerable duration. Thus, those plans foresee compliance with limit values for NO2 by 2020, with the exception of UK0001 (Greater London urban area) where compliance with those limit values is foreseen by 2025. 149 In addition, some of those measures are generic in that they are intended, for example, to promote certain types of transport, such as bicycles, walking or public transport, awareness campaigns and road safety in general (see zones UK0002 (West Midlands urban area), UK0003 (Greater Manchester urban area), UK0004 (West Yorkshire urban area), UK0029 (Eastern), UK0031 (South East), UK0033 (North West & Merseyside), UK0034 (Yorkshire & Humberside), UK0035 (West Midlands) and UK0036 (North East)), are not legally binding (see, for example, the plans for zones UK0004 (West Yorkshire urban area), UK0013 (Teesside urban area)) or do not directly relate to NO2 emissions, such as tree planting, the insulation of buildings and the use of solar energy (see the zones UK0001 (Greater London urban area), UK0003 (Greater Manchester urban area), UK0013 (Teesside urban area), UK0024 (Glasgow urban area), UK0029 (Eastern)). 150 Finally, in several cases, a certain number of the measures set out in the 2015 plans were in place for some time, and therefore old, or were only to be maintained for a short period, such as certain measures provided in the 2015 plans for the zones UK0001 (Greater London urban area), UK0003 (Greater Manchester urban area), UK0004 (West Yorkshire urban area), UK0029 (Eastern), UK0032 (East Midlands), UK0033 (North West & Merseyside), UK0034 (Yorkshire & Humberside) and UK0035 (West Midlands). 151 As regards the 2017 plans, it must be observed, inter alia, that they do not foresee a reduction in the time period for compliance with the obligations under Directive 2008/50 compared with what was foreseen in the 2015 plans. On the contrary, in the majority of cases the period foreseen for complying with those obligations is even longer. By way of example, the 2017 plan for the zone UK0001 (Greater London urban zone) only foresees compliance in 2026, whereas the 2015 plan foresaw compliance by 2025. As regards the zones UK0003 (Greater Manchester urban zone), UK0004 (West Yorkshire urban zone), UK0013 (Teesside urban zone), UK0014 (The Potteries), UK0029 (Eastern), UK0033 (Yorkshire & Humberside), UK0035 (West Midlands) and UK0036 (North East) the date foreseen for compliance has moved from 2020, in the 2015 plans, to 2021 in the 2017 plans. As regards the zones UK0019 (Southampton urban zone), UK0031 (South East) and UK0033 (North West & Merseyside), compliance, foreseen for 2020 in the 2015 plans, is not predicted to be achieved until 2022 in the 2017 plans. Finally, for the zone UK0024 (Glasgow urban area), the 2017 plan foresees that compliance will be achieved in 2023, whereas in the 2015 plan it was foreseen for 2020. The fact that a plan sets out a particularly long time period for achieving compliance may be taken into account for establishing that a Member State has not adopted appropriate measures in good time to ensure that the period in which the limit values for NO2 are exceeded is as short as possible in the zones concerned (see, to that effect, judgment of 10 November 2020, Commission v Italy (Limit values – PM10) C‑644/18, EU:C:2020:895, paragraphs 143 and 146). 152 The United Kingdom’s argument that its approach in the air quality plans was ‘conservative’ also cannot succeed, since it did not take into account the measures listed in the plans for individual zones in its assessment of the timetable for future compliance. As stated in paragraph 138 of this judgment, it follows from the second subparagraph of Article 23(1) of Directive 2008/50 that, while Member States have a degree of discretion in deciding which measures to adopt, those measures must, in any event, ensure that the period during which the limit values are exceeded is kept as short as possible (judgment of 30 April 2020, Commission v Romania (Exceedance of limit values for PM10), C‑638/18, not published, EU:C:2020:334, paragraph 118 and the case-law cited). 153 Having regard to the matters set out in paragraph 143 to 152 of this judgment, it must be held that the United Kingdom has manifestly failed to adopt in good time appropriate measures to ensure that the time period during which the limit values in question are exceeded is kept as short as possible in the zones concerned. Thus, the exceedance of those limit values has remained systematic and persistent for at least seven years in those zones, despite the obligation for the Member State to take all appropriate and effective measures to comply with the requirement that the period of exceedance is kept as short as possible. 154 In the light of all the foregoing, it must be held that the arguments put forward by the United Kingdom cannot justify such long time periods for bringing to an end the proven exceedances of the limit values, having regard to the requirement to ensure that the period of exceedance is kept as short as possible. 155 It follows that the second complaint put forward by the Commission must be upheld. 156 Having regard to all the foregoing considerations, it must be held that the United Kingdom of Great Britain and Northern Ireland, by systematically and persistently exceeding, in 16 zones of the United Kingdom, the annual limit value for NO2, namely in the zones UK0001 (Greater London urban area); UK0002 (West Midlands urban area); UK0003 (Greater Manchester urban area); UK0004 (West Yorkshire urban area); UK0013 (Teesside urban area); UK0014 (The Potteries); UK0018 (Kingston upon Hull); UK0019 (Southampton urban area); UK0024 (Glasgow urban area); UK0029 (Eastern); UK0031 (South East); UK0032 (East Midlands); UK0033 (North West & Merseyside); UK0034 (Yorkshire & Humberside); UK0035 (West Midlands) and UK0036 (North East), as well as the hourly limit value in one of those zones, namely zone UK0001 (Greater London urban area), as from 1 January 2010 until 2017 inclusive, has failed to fulfil its obligations under the combined provisions of Article 13(1) and Annex XI to Directive 2008/50, and by failing to adopt, as from 11 June 2010, appropriate measures to ensure compliance with the limit values for NO2 in all those zones, has failed to fulfil its obligations under the combined provisions of Article 23(1), read alone and in conjunction with Annex XV to Directive 2008/50, and in particular the obligation laid down in the second subparagraph of Article 23(1) of that directive, to ensure that the period of exceedance of limit values is kept as short as possible. Costs 157 Under Article 138(1) of the Rules of Procedure of the Court of Justice, the unsuccessful party is to be ordered to pay the costs if they have been applied for in the successful party’s pleadings. Since the Commission has applied for costs and the United Kingdom has been unsuccessful, the United Kingdom must be ordered to pay the costs. 158 In accordance with Article 140(1) of the Rules of Procedure, the Federal Republic of Germany is to bear its own costs. On those grounds, the Court (Seventh Chamber) hereby: 1. Declares that the United Kingdom of Great Britain and Northern Ireland, by systematically and persistently exceeding, in 16 zones of the United Kingdom, the annual limit value for Nitrogen Dioxide (NO2), namely in the areas UK0001 (Greater London urban area); UK0002 (West Midlands urban area); UK0003 (Greater Manchester urban area); UK0004 (West Yorkshire urban area); UK0013 (Teesside urban area); UK0014 (The Potteries); UK0018 (Kingston upon Hull); UK0019 (Southampton urban area); UK0024 (Glasgow urban area); UK0029 (Eastern); UK0031 (South East); UK0032 (East Midlands); UK0033 (North West & Merseyside); UK0034 (Yorkshire & Humberside); UK0035 (West Midlands) and UK0036 (North East), as well as the hourly limit value for NO2 in the area UK0001 (Greater London urban area) since the entry into force of those limit values on 1 January 2010, has failed to fulfil its obligations under the combined provisions of Article 13(1) and of Annex XI to Directive No 2008/50/EC of the European Parliament and of the Council of 21 May 2008, on ambient air quality and cleaner air for Europe, and by failing to adopt, as from 11 June 2010, appropriate measures to ensure compliance with the limit values for NO2 in all those zones, has failed to fulfil its obligations under the combined provisions of Article 23(1), read alone and in conjunction with Annex XV to Directive 2008/50, and in particular the obligation laid down in the second subparagraph of Article 23(1) of that directive, to ensure that the period of exceedance of limit values is kept as short as possible. 2. Orders the United Kingdom of Great Britain and Northern Ireland to pay, in addition to its own costs, those incurred by the European Commission. 3. Orders the Federal Republic of Germany to bear its own costs. Kumin von Danwitz Xuereb Delivered in open court in Luxembourg on 4 March 2021. A. Calot Escobar A. Kumin Registrar President of the Seventh Chamber * Language of the case: English.