Case C-644/18: Judgment of the Court (Grand Chamber) of 10 November 2020 — European Commission v Italian Republic (Failure of a Member State to fulfil obligations — Environment — Directive 2008/50/EC — Ambient air quality — Article 13(1) and Annex XI — Systematic and persistent exceedance of limit values for microparticles (PM10) in certain Italian zones and agglomerations — Article 23(1) — Annex XV — Exceedance period to be ‘as short as possible’ — Appropriate measures)
Date: 2020-11-10
Institutions: Court of Justice
Subjects: air quality, atmospheric pollutant, infringement of EU law, national implementing measure, pollution control, regions of Italy








C_2021009EN.01000201.xml










11.1.2021   


EN


Official Journal of the European Union


C 9/2






Judgment of the Court (Grand Chamber) of 10 November 2020 — European Commission v Italian Republic
(Case C-644/18) (1)

(Failure of a Member State to fulfil obligations - Environment - Directive 2008/50/EC - Ambient air quality - Article 13(1) and Annex XI - Systematic and persistent exceedance of limit values for microparticles (PM10) in certain Italian zones and agglomerations - Article 23(1) - Annex XV - Exceedance period to be ‘as short as possible’ - Appropriate measures)
(2021/C 9/02)
Language of the case: Italian

Parties


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

Defendant: Italian Republic (represented by: G. Palmieri, acting as Agent, and by F. De Luca and P. Gentili, avvocati dello Stato)

Operative part of the judgment

The Court:






1.


Declares that, by having systematically and persistently exceeded the limit values for concentrations of particulate matter PM10, and continuing to exceed them,






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as regards the daily limit value,






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from 2008 and up to 2017 inclusive in the following zones: IT 1212 (Sacco Valley); IT 1507 (former zone IT 1501, ‘improvement zone’ — Naples and Caserta); IT 0892 (Emilia- Romagna, Pianura Ovest (Western Plain)); IT 0893 (Emilia-Romagna, Pianura Est (Eastern Plain)); IT 0306 (agglomeration of Milan); IT 0307 (agglomeration of Bergamo); IT 0308 (agglomeration of Brescia); IT 0309 (Lombardy, plain with a high level of urbanisation A); IT 0310 (Lombardy, plain with a high level of urbanisation B); IT 0312 (Lombardy, valley floor D); IT 0119 (Piedmont, plain); IT 0120 (Piedmont, high ground);










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from 2008 and up to 2016 inclusive, in zone IT 1215 (agglomeration of Rome);










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from 2009 and up to 2017 inclusive in the following zones: IT 0508 and IT 0509 (former zone IT 0501, agglomeration of Venice-Treviso); IT 0510 (former zone IT 0502, agglomeration of Padua); IT 0511 (former zone IT 0503, agglomeration of Vicenza), IT 0512 (former zone IT 0504, agglomeration of Verona); IT 0513 and IT 0514 (former zone IT 0505; zone A 1 — Veneto Province);










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from 2008 to 2013, and subsequently again from 2015 to 2017 in zone IT 0907 (zone Prato-Pistoia);










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from 2008 to 2012, and subsequently again from 2014 to 2017 in zones IT 0909 (zone Valdarno Pisano and Piana Lucchese) and IT 0118 (agglomeration of Turin);










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from 2008 to 2009, and from 2011 to 2017, in zones IT 1008 (zone Conca Ternana) and IT 1508 (former zone IT 1504 Benevento hilly coastal zone);










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in 2008, and from 2011 to 2017, in zone IT 1613 (Apulia — industrial zone) and from 2008 to 2012, and in 2014 and 2016, in zone IT 1911 (agglomeration of Palermo); as well as














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with regard to the annual limit value in the following zones: IT 1212 (Sacco Valley) from 2008 to 2016 inclusive; IT 0508 and IT 0509 (former zone IT 0501, agglomeration of Venice-Treviso) in 2009, 2011 and 2015; IT 0511 (former zone IT 0503, agglomeration of Vicenza), in 2011, 2012 and 2015; IT 0306 (agglomeration of Milan), from 2008 to 2013 and in 2015, IT 0308 (agglomeration of Brescia), IT 0309 (Lombardy, plain with a high level of urbanisation A) and IT 0310 (Lombardy, plain with a high level of urbanisation B) from 2008 until 2013 and in 2015 and 2017; IT 0118 (agglomeration of Turin) from 2008 until 2012 and in 2015 and 2017,




the Italian Republic has failed to fulfil its obligations under the provisions 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,
and
by failing to adopt as from 11 June 2010 appropriate measures to ensure compliance with the limit values for concentrations of particulate matter PM10 in all those zones, the Italian Republic has failed to meet its obligations under Article 23(1) of Directive 2008/50, on its own and in conjunction with Section A of Annex XV to that directive, and in particular the obligation laid down in the second subparagraph of Article 23(1), to ensure that the air quality plans provide for appropriate measures to ensure that the period of exceedance of the limit values is kept as short as possible.










2.


Orders the Italian Republic to pay the costs.






(1)  OJ C 427, 26.11.2018.