CELEX: 62018CA0638
Language: en
Date: 2020-04-30 00:00:00
Title: Case C-638/18: Judgment of the Court (Seventh Chamber) of 30 April 2020 — European Commission v Romania (Failure of a Member State to fulfil obligations — Environment — Directive 2008/50/EC — Ambient air quality — Article 13(1) and Annex XI — Systematic and constant exceedance of the limit values for micro particles (PM10) in Zone RO32101 (Bucharest, Romania) — Article 23(1) — Annex XV — Exceedance period ‘as short as possible’ — Appropriate measures)

20.7.2020   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 240/9
            
         
      Judgment of the Court (Seventh Chamber) of 30 April 2020 — European Commission v Romania
      (Case C-638/18) (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 constant exceedance of the limit values for micro particles (PM10) in Zone RO32101 (Bucharest, Romania) - Article 23(1) - Annex XV - Exceedance period ‘as short as possible’ - Appropriate measures)
      (2020/C 240/11)
      Language of the case: Romanian
      
         Parties
      
      
         Applicant: European Commission (represented by: L. Nicolae and E. Manhaeve, Agents)
      
         Defendant: Romania (represented by: initially, A. Wellman, O.-C. Ichim, M. Chicu and C.-R. Canţăr, then, E. Gane, A. Wellman, O.-C. Ichim and M. Chicu, Agents)
      
         Operative part of the judgment
      
      The Court:
      
                  1.
               
               
                  Declares that Romania, on the one hand, by systematically and constantly failing, since 2007 and until 2016 at least, to comply with the daily limit values for concentrations of PM10 and by systematically and constantly failing, since 2007 and until 2014 inclusive, with the exception of 2013, to comply with the annual limit values for concentrations of PM10 in Zone RO32101 (Bucharest, Romania), has failed to fulfil its obligations under Article 13(1) of 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, read in conjunction with Annex XI thereto, and, on the other hand, has failed with regard to that zone, since 11 June 2010, to fulfil its obligations under Article 23(1) of that directive, read in conjunction with Annex XV thereto, in particular the obligation laid down in the second subparagraph of Article 23 (1) of that directive to ensure that the exceedance period be as shorts as possible;
               
            
                  2.
               
               
                  Orders Romania to pay the costs.
               
            
         (1)  OJ C 445, 10.12.2018.