In a judgment delivered on Thursday 24 October (Case C-636/18), the Court of Justice of the European Union (CJEU) has censured France for failing to fulfil its obligations under the EU's Air Quality Directive (2008/50).
This means that, with this decision, the CJEU upheld the action brought against France in 2015 by the European Commission as a result of the number of occasions on which the annual nitrogen dioxide limit values were observed to have been exceeded in numerous areas of France after 1 January 2010.
Although France acknowledged the continued existence of these exceedances, it challenged their supposedly systematic nature.
However, in the Court’s opinion, exceeding the limit values for nitrogen dioxide in ambient air is in itself sufficient to establish a breach of the obligations under the Air Quality Directive.
The CJEU also points out that the fact that a Member State exceeds the limit values for nitrogen dioxide in ambient air is not sufficient in itself to deem that it has failed to establish air quality plans in order to achieve the limit values. Nevertheless, the Court adds, according to the Directive, if Member States have a certain margin of discretion in determining the measures to be adopted, they must allow the period for exceeding the limit values to be as short as possible.
However, noting that systematic and ongoing exceedances of the nitrogen dioxide limit values have been observed in France for seven consecutive years, the Court deems that France has not adopted appropriate and effective measures to ensure that the period of exceedance is as short as possible.
According to French MEP Karima Delli (Greens-EFA), far from being a surprise, this ruling "endorses the tragic lack of action by successive governments". And he added: "This decision must mark the beginning of a proper national response”.
To read the CJEU judgment in French, go to: https://bit.ly/32Ezq4F (Damien Genicot)