Italy has breached European Union law on air quality, the Court of Justice of the European Union (CJEU) concluded in a ruling handed down on Tuesday 10 November (Case C-644/18).
This judgment follows infringement procedures against Italy initiated by the European Commission in 2014. According to the institution, the limit values set for PM10 particles by the EU directive (2008/50) on ambient air quality were systematically and persistently exceeded in a number of zones on Italian territory.
The Commission also criticised Rome for failing to fulfil its obligation, under the same directive, to adopt appropriate measures to ensure compliance with the limit values for PM10 particles.
When the Commission brought an action for failure to fulfil obligations on 13 October 2018, the CJEU found “that, from 2008 to 2017 inclusive, the daily and annual limit values set for PM10 were very regularly exceeded in the zones” in question, thereby validating the first complaint made to Italy.
The Commission then considered that Italy had clearly failed to adopt, in good time, the measures required to ensure the shortest possible period of time for the limit values to be exceeded. The Court thus stressed in particular that the measures announced by Rome and submitted to it have, for the most part, been planned only very recently.
Italy is now obliged to comply with the Court’s judgment as soon as possible. Otherwise, the Commission could bring a new action requesting pecuniary penalties. In addition, the CJEU may also impose sanctions at the first judgment stage if Italy fails to notify the Commission of measures transposing Directive 2008/50.
See the judgment of the Court: https://bit.ly/32wQ6Nt (Original version in French by Damien Genicot)