EN Official Journal of the European Union C 80/13

Action brought on 31 January 2012 — European Commission v Republic of Poland

(Case C-48/12)

2012/C 80/19

Language of the case: Polish

Parties

Applicant: European Commission (represented by: P. Hetsch, S. Petrova and K. Herrmann, acting as Agents)

Defendant: Republic of Poland

Form of order sought

— declare that, by failing to adopt all the laws, regulations and administrative provisions necessary to comply with 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 and in any event by not notifying the Commission of such provisions, the Republic of Poland has failed to fulfil its obligations under Article 33(1) of that directive;

— impose upon the Republic of Poland, in accordance with Article 260(3) TFEU, a penalty payment for failure to fulfil its obligation to notify measures transposing Directive 2008/50/EC at the daily rate of EUR 71 521,38 from the day on which judgment is delivered in the present case;

— order the Republic of Poland to pay the costs.

Pleas in law and main arguments

The Commission alleges that the Republic of Poland has failed to fulfil the obligation laid down in Article 33(1) of Directive 2008/50/EC (‘the CAFE Directive’).

The CAFE Directive is the principal legal instrument at European Union level relating to air pollutants, and thus seeks to protect the environment and human health. It sets out inter alia assessment and measurement standards, and reduction targets for the atmospheric concentration of particulate matter constituting the most harmful substances in the air for human health. It obliges the Member States to limit the exposure concentration for particulate matter PM 2.5 to 20 micrograms/m3 in 2015. In addition, it lays down a target value for PM 2.5 of 25 micrograms/m3 to be achieved by 2010. It also requires the Member States to achieve by 2015 a limit value for PM 2.5 of 25 micrograms/m3 (stage 1), and in the second stage (by 2020) one of 20 micrograms/m3. Furthermore, the CAFE Directive requires the Member States to give to the public information about air quality and other measures adopted on the basis of the directive (Article 26 et seq.).

Under Article 33(1) of the CAFE Directive, the Republic of Poland had to adopt and to bring into force the national legal provisions necessary to implement the directive by 11 June 2010.

The Republic of Poland has not incorporated into Polish law or brought into force all the necessary provisions. The drawing up of the fundamental principles of a draft law to amend the Law on environmental protection and certain other laws by the Ministry of the Environment does not constitute fulfilment of the obligation laid down in Article 33(1) of the CAFE Directive.

The Commission has been informed by the Polish authorities only that Articles 6(1) and 23 of the CAFE Directive have been partially implemented by Articles 13 and 15 of the Law of 17 June 2009 on the system for the management of emissions of greenhouse gases and other substances, through the creation of a system for the management of emissions of sulphur dioxide (SO2) and nitrogen oxides and the obligation to draw up a draft national reduction plan.