Action brought on 13 October 2018 — European Commission v Italian Republic

(Case C-644/18)

(2018/C 427/43)

Language of the case: Italian

Parties

Applicant: European Commission (represented by: G. Gattinara and K. Petersen, acting as Agents)

Defendant: Italian Republic

Form of order sought

The applicant claims that the Court should:

(1) declare that, by having exceeded on a systematic and continuous basis PM10 concentration values, exceedance which is still ongoing, (a) as regards the daily limits: — as from 2008 in the following zones: IT1212 (Sacco Valley zone); IT1215 (agglomeration of Rome); IT1507 (former zone IT1501, ‘improvement zone’ — Naples and Caserta zone); IT0892 (Emilia Romagna, Western Plain); zone IT0893 (Emilia Romagna, Eastern Plain); IT0306 (agglomeration of Milan); IT0307 (agglomeration of Bergamo); IT0308 (agglomeration of Brescia); IT0309 (Lombardy, plain with a high level of urbanisation A); IT0310 (Lombardy, plain with a high level of urbanisation B); IT0312 (Lombardy, valley D); IT0119 (Piedmont Plain); zone IT0120 (Piedmont High Ground); — As from 2009 in the following zones: IT0508 and IT0509 (former zone IT0501, agglomeration of Venice-Treviso); IT0510 (former zone IT0502, agglomeration of Padua); IT0511 (former zone IT0503, agglomeration of Vicenza), IT0512 (former zone IT0504, agglomeration of Verona); IT0513 and IT0514 (former zone IT0505; zone A1 — Veneto Province); — in zone IT0907 (Prato Pistoia zone) as from 2008 until 2013 and, again, as from 2015; in zones IT0909 (Valdarno Pisano and Lucca Plain zone) and IT0118 (agglomeration of Turin) as from 2008 until 2012 and, again, as from 2014; in zones IT1008 (Conca Ternana zone) and IT1508 (former zone IT1504, Benevento hilly coastal zone), as from 2008 until 2009 and, again, as from 2011; in zone IT1613 (Apulia — industrial zone), in 2008 and, again, as from 2011; in zone IT1911 (agglomeration of Palermo), as from 2008 until 2012, in 2014 and as from 2016, and (b) as regards the annual limits in the zones: IT1212 (Sacco Valley) as from 2008 and without interruption at least until 2016; IT0508 and IT0509 (former zone IT0501, agglomeration of Venice-Treviso) in 2009, in 2011 and as from 2015; IT0511 (former zone IT0503, agglomeration of Vicenza), in 2011, in 2012 and as from 2015; IT0306 (agglomeration of Milan), IT0308 (agglomeration of Brescia), IT0309 (Lombardy, plain with a high level of urbanisation A) and IT0310 (Lombardy, plain B) as from 2008 until 2013 and as from 2015; IT0118 (agglomeration of Turin) as from 2008 until 2012 and as from 2015, the Italian Republic failed to meet its obligation under Article 13 of, in conjunction with Annex XI to, Directive 2008/50/EC; and

(2) declare that, by failing to adopt as from 11 June 2010 appropriate measures to ensure compliance with the limit values for PM10 in the zones referred to in paragraph 1 above, the Italian Republic has failed to meet its obligations under Article 23(1) of Directive 2008/50/EC, on its own and in conjunction with Part A of Annex XV to that directive, to ensure that the period of exceedance of the limit values therein indicated is as short as possible; and

(3) order the Italian Republic to pay the costs of the proceedings.

Pleas in law and main arguments

By its first plea in law, the Commission claims that the data collected regarding PM10 concentration in the air demonstrate systematic and continuous infringement of Article 13 of, in conjunction with Annex XI to, 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). In accordance with those provisions, the level of concentration of those substances cannot exceed fixed daily and annual limits. In certain zones, those limits have been exceeded continuously for over ten years.

By its second plea in law, the Commission claims that the Italian Republic has failed to meet its obligations under Article 23(1) of Directive 2008/50/EC, on its own and in conjunction with Part A of Annex XV thereto. In the first place, the air quality plans, adopted following the exceedance of the limit values for PM10 concentration, do not make it possible to comply with those limit values or to limit the exceedance to the shortest period possible. In the second place, many of those plans do not contain the information required under Part A of Annex XV to the Directive, the provision of that information being mandatory under the third subparagraph of Article 23(1) thereof.