Hungary condemned for systematic and persistent breach of EU rules on ambient air quality

Hungary has systematically and persistently infringed the directive (2008/50) setting a daily limit value for PM₁₀ particles in three geographical areas, including Budapest, the Court of Justice of the European Union ruled on Wednesday 3 February (Case C-637/18).

In 2018, the European Commission brought an action for failure to fulfil obligations against Hungary, accusing it of having systematically and persistently exceeded the daily limit value for PM₁₀ particles in the Budapest region and the Sajó Valley (between 2005 and 2017) and in the Pécs region (between June 2011 and 2017, except in 2014). Hungary is also accused of failing to ensure, from June 2010, that the exceedance period was as short as possible.

The Court welcomes the action for failure to fulfil obligations. It rejects Hungary’s argument that cross-border pollution has had a considerable impact on the air quality of the areas concerned. Such topographical and climatic features do not exonerate the Hungarian authorities from liability for exceeding the thresholds. And they must be included in the air quality plans that Hungary must draw up under the directive, the European judge added.

The fact that a Member State exceeds the limit values set for PM₁₀ is not in itself sufficient to consider that it has failed to fulfil its obligations. In particular, the Hungarian plans had to ensure the shortest possible duration of exceedance.

However, the Court notes that these plans do not give a precise indication of the expected improvement in air quality or of the timeframe within which the objectives are to be achieved. Moreover, the measures in question do not mention the date by which the limit value for PM₁₀ particles will be met in the zones concerned and sometimes provide for an implementation period extending over several years.

Six Member States have been brought before the Court for persistent exceedance of EU air quality standards (see EUROPE 12022/25).

See details of the judgment of the Court: https://bit.ly/3oJoPzH (Original version in French by Mathieu Bion)