Judgment — ECLI:EU:C:2011:287
Date: 2011-05-10
Language of the case: Swedish
Court formation: Fifth Chamber
Subject matter: Environment;Pollution
Procedure: Action for failure to fulfil obligations - successful
Origin: Sweden

Action brought on 5 October 2010 - European Commission v Kingdom of Sweden (Case C-479/10) Language of the case: Swedish Parties Applicant: European Commission (represented by: K. Simonsson and A. Alcover San Pedro, acting as Agents) Defendant: Kingdom of Sweden Form of order sought Declare that, by exceeding the limit values of PMlO in ambient air in 2005, 2006 and 2007 in zones SW 2 and SW 4 and in 2005 and 2006 in zone SW 5, the Kingdom of Sweden has failed to fulfil its obligations under Article 5(1) of Council Directive 1999/30/EC 1 of 22 April 1999 relating to limit values for sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter and lead in ambient air; Order Kingdom of Sweden to pay the costs. Pleas in law and main arguments Article 5(1) of Directive 1999/30 provides that Member States are to take the measures necessary to ensure that concentrations of PM10 in ambient air do not exceed the limit values laid down in Section I of Annex III as from the dates specified therein. The relevant date in this case is 1 January 2005. It is apparent from the reports sent by Sweden to the Commission concerning 2005 to 2007 that the limit values for PMlO have been exceeded in zones SW 2 and SW 4 during that entire period, and in zone SW 5 in 2005 and 2006. Accordingly, Sweden has failed to fulfil its obligations under Article 5(1) of Directive 1999/30 in respect of those zones and those years. ____________ 1 - OJ L 163, p. 41.