European Commission v Italian Republic.

• Jurisdiction: European Union
• Date: 10 November 2020
• Court: Court of Justice (European Union)

Provisional text

JUDGMENT OF THE COURT (Grand Chamber)

10 November 2020 (*)

(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)

In Case C‑644/18,

ACTION for failure to fulfil obligations under Article 258 TFEU, brought on 13 October 2018,

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

applicant,

v

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

defendant,

THE COURT (Grand Chamber),

composed of K. Lenaerts, President, R. Silva de Lapuerta, Vice-President, J.‑C. Bonichot, A. Arabadjiev, A. Prechal, N. Piçarra and A. Kumin (Rapporteur), Presidents of Chambers, E. Juhász, M. Safjan, D. Šváby, S. Rodin, F. Biltgen, K. Jürimäe, C. Lycourgos and P.G. Xuereb, Judges,

Advocate General: M. Szpunar,

Registrar: A. Calot Escobar,

having regard to the written procedure,

having decided, after hearing the Advocate General, to proceed to judgment without an Opinion,

gives the following

Judgment

1 By its application, the European Commission asks the Court to declare that,

– by having systematically and persistently exceeded the limit values for concentrations of particulate matter PM10 (‘the limit values for PM10’), and continuing to exceed them,

– as regards the daily limit value,

– from 2008 in the following zones: IT 1212 (Sacco Valley); IT 1215 (agglomeration of Rome); 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);

– from 2009 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);

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

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

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

– in 2008, and subsequently again from 2011 in zone IT 1613 (Apulia – industrial zone);

– from 2008 to 2012, in 2014 and from 2016, in zone IT 1911 (agglomeration of Palermo), and

– as regards the annual limit value in the following zones: IT 1212 (Sacco Valley) from 2008 and without interruption at least until 2016; 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), 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 from 2015; IT 0118 (agglomeration of Turin) from 2008 until 2012 and from 2015,

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 (OJ 2008 L 152, p. 1),

and

– declare that, by failing to adopt as from 11 June 2010 appropriate measures to ensure compliance with the limit values for PM10 in all those zones, the Italian Republic has failed to meet its obligations under Article 23(1) of Directive 2008/50, read alone or 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 period of exceedance of limit values is kept as short as possible.

Legal context

Directive 96/62/EC

2 Article 8 of Council Directive 96/62/EC of 27 September 1996 on ambient air quality assessment and management (OJ 1996 L 296, p. 55), entitled ‘Measures applicable in zones where levels are higher than the limit value’, provided in paragraphs 1, 3 and 4:

‘1. Member States shall draw up a list of zones and agglomerations in which the levels of one or more pollutants are higher than the limit value plus the margin of tolerance.

…

3. In the zones and agglomerations referred to in paragraph 1, Member States shall take measures to ensure that a plan or programme is prepared or implemented for attaining the limit value within the specific time limit.

The said plan or programme, which must be made available to the public, shall incorporate at least the information listed in Annex IV.

4. In the zones and agglomerations referred to in paragraph 1, where the level of more than one pollutant is higher than the limit values, Member States shall provide an integrated plan covering all the pollutants concerned.’

Directive 1999/30/EC

3 Article 5 of Council Directive 1999/30/EC of 22 April 1999 relating to limit values for sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter and lead in ambient air (OJ 1999 L 163, p. 41), entitled ‘Particulate matter’, provided in paragraph 1:

‘Member States shall take the measures necessary to ensure that concentrations of PM10 in ambient air, as assessed in accordance with Article 7, do not exceed the limit values laid down in Section I of Annex III as from the dates specified therein.

…’

4 Annex III to that directive specified that, with regard to PM10 particulate matter, the date by which the limit values were to be met was 1 January 2005.

Directive 2008/50

5 Directive 2008/50, which entered into force on 11 June 2008, replaced five pre-existing legislative acts, on ambient air quality assessment and management, inter alia Directives 96/62 and 1999/30, which were repealed with effect from 11 June 2010, as is apparent from Article 31 of Directive 2008/50.

6 Recitals 17 and 18 of Directive 2008/50 state:

‘(17) The necessary [EU] measures to reduce emissions at source, in particular measures to improve the effectiveness of [EU] legislation on industrial emissions, to limit the exhaust emissions of engines installed in heavy duty vehicles, to further reduce the Member States’ permitted national emissions of key pollutants and the emissions associated with refuelling of petrol cars at service stations, and to address the sulphur content of fuels including marine fuels should be duly examined as a priority by all institutions involved.

(18) Air quality plans should be developed for zones and agglomerations within which concentrations of pollutants in ambient air exceed the relevant air quality target values or limit values, plus any temporary margins of tolerance, where applicable. Air pollutants are emitted from many different sources and activities. To ensure coherence between different policies, such air quality plans should where feasible be consistent, and integrated with plans and programmes prepared pursuant to Directive 2001/80/EC of the European Parliament and of the Council of 23 October 2001 on the limitation of emissions of certain pollutants into the air from large combustion plants [(OJ 2001 L 309, p. 1)], Directive 2001/81/EC [of the European Parliament and of the Council of 23 October 2001 on national emission ceilings for certain atmospheric pollutants (OJ 2001 L 309, p. 22)] and Directive 2002/49/EC of the European Parliament and of the Council of 25 June 2002 relating to the assessment and management of environmental noise [(OJ 2002 L 189, p. 12)]. Full account will also be taken of the ambient air quality objectives provided for in this directive, where permits are granted for industrial activities pursuant to Directive 2008/1/EC of the European Parliament and of the Council of 15 January 2008 concerning integrated pollution prevention and control [(OJ 2008 L 24, p. 8)].’

7 Article 1 of Directive 2008/50, entitled ‘Subject matter’, states, in paragraphs 1 to 3:

‘This directive lays down measures aimed at the following:

1. defining and establishing objectives for ambient air quality designed to avoid, prevent or reduce harmful effects on human health and the environment as a whole;

2. assessing the ambient air quality in Member States on the basis of common methods and criteria;

3. obtaining information on ambient air quality in order to help combat air pollution and nuisance and to monitor long-term trends and improvements resulting from national and [EU] measures.’

8 Article 2 of that directive, entitled ‘Definitions’, provides, in paragraphs 5, 7 to 9 and 16 to 18:

‘For the purposes of this directive:

…

5. “limit value” shall mean a level fixed on the basis of scientific knowledge, with the aim of avoiding, preventing or reducing harmful effects on human health and/or the environment as a whole, to be attained within a given period and not to be exceeded once attained;

…

7. “margin of tolerance” shall mean the percentage of the limit value by which that value may be exceeded subject to the conditions laid down in this directive;

8. “air quality plans” shall mean plans that set out measures in order to attain the limit values or target values;

9. “target value” shall mean a...