CELEX: 62010CN0479
Language: en
Date: 2010-10-05 00:00:00
Title: Case C-479/10: Action brought on 5 October 2010 — European Commission v Kingdom of Sweden

4.12.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 328/24
            
         Action brought on 5 October 2010 — European Commission v Kingdom of Sweden
   (Case C-479/10)
   ()
   2010/C 328/40
   Language of the case: Swedish
   
      Parties
   
   
      Applicant: European Commission (represented by: K. Simonsson and A. Alcover San Pedro, acting as Agents)
   
      Defendant: Kingdom of Sweden
   
      Form of order sought
   
   
               —
            
            
               Declare that, by exceeding the limit values of PM10 in ambient air in 2005, 2006 and 2007 in zones SW 2 and SW 4 and in 2005 and 2006 in zone SW 5, the Kingdom of Sweden has failed to fulfil its obligations under Article 5(1) of Council Directive 1999/30/EC (1) of 22 April 1999 relating to limit values for sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter and lead in ambient air;
            
         
               —
            
            
               Order Kingdom of Sweden to pay the costs.
            
         
      Pleas in law and main arguments
   
   Article 5(1) of Directive 1999/30 provides that Member States are to take the measures necessary to ensure that concentrations of PM10 in ambient air do not exceed the limit values laid down in Section I of Annex III as from the dates specified therein. The relevant date in this case is 1 January 2005.
   It is apparent from the reports sent by Sweden to the Commission concerning 2005 to 2007 that the limit values for PM10 have been exceeded in zones SW 2 and SW 4 during that entire period, and in zone SW 5 in 2005 and 2006.
   Accordingly, Sweden has failed to fulfil its obligations under Article 5(1) of Directive 1999/30 in respect of those zones and those years.
   
      (1)  OJ L 163, p. 41.