CELEX: 62013CN0404
Language: en
Date: 2013-07-16 00:00:00
Title: Case C-404/13: Reference for a preliminary ruling from Supreme Court of the United Kingdom (United Kingdom) made on 16 July 2013 — R on the application of ClientEarth v Secretary of State for the Environment, Food and Rural Affairs

21.9.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 274/14
            
         Reference for a preliminary ruling from Supreme Court of the United Kingdom (United Kingdom) made on 16 July 2013 — R on the application of ClientEarth v Secretary of State for the Environment, Food and Rural Affairs
   (Case C-404/13)
   2013/C 274/25
   Language of the case: English
   
      Referring court
   
   Supreme Court of the United Kingdom
   
      Parties to the main proceedings
   
   
      Applicant: ClientEarth
   
      Defendant: Secretary of State for the Environment, Food and Rural Affairs
   
      Questions referred
   
   
               1.
            
            
               Where, under the Air Quality Directive (2008/50/EC) (1) (‘the Directive’), in a given zone or agglomeration conformity with the limit values for nitrogen dioxide was not achieved by the deadline of 1 January 2010 specified in annex XI of the Directive, is a Member State obliged pursuant to the Directive and/or article 4 TEU to seek postponement of the deadline in accordance with article 22 of the Directive?
            
         
               2.
            
            
               If so, in what circumstances (if any) may a Member State be relieved of that obligation?
            
         
               3.
            
            
               To what extent (if at all) are the obligations of a Member State which has failed to comply with article 13 affected by article 23 (in particular its second paragraph)?
            
         
               4.
            
            
               In the event of non-compliance with articles 13 or 22, what (if any) remedies must a national court provide as a matter of European law in order to comply with article 30 of the Directive and/or article 4 or 19 TEU?
            
         
      (1)  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 L 152, p. 1