Brussels, 19/11/2014 (Agence Europe) - The national courts can be called on and can take all the necessary measures to ensure the public authorities respect the obligation to provide an action plan as soon as possible, which complies with European rules on nitrogen oxide limits in ambient air.
It is in this way that the European Court of Justice, in its ruling on C-404/13, submitted the European directive on ambient air quality and air for Europe (2008/50/EC). European judges were called on by the United Kingdom High Court to examine the case introduced by a non-governmental environmental defence organisation (ClientEarth). The latter criticised the British government for not having introduced a request for extending respect of the nitrogen oxide value limits in 16 zones and agglomerations in the country, including Greater London. The British authorities plan to respect the standards between 2015-2025 for these zones.
Member states were obliged to respect the nitrogen and the oxide value limits by 1 January 2010. If these limits could not be respected in certain zones, the national authorities were obliged to request an extension till 1 January 2015 at the latest. This request should be justified objectively (existing data on air quality and proof of the efforts agreed) and accompanied by a plan on air quality that demonstrates how the value limits would be respected before the new deadline.
The Court believes that respect for the value limits is clearly an obligation incumbent on member states. When a member state supersedes them and does not introduce a request for a postponement, it is obliged to set out an action plan that includes appropriate measures, so that the excess period is as short as possible. Therefore, the existence of an action plan is not enough in itself because this does not mean that the state has satisfied all the obligations included in the directive. It is therefore up to the national courts, once they are called on, to ensure that the national authority takes the necessary measures by way of an injunction to ensure that a plan complying with the directive is introduced. (JK)