On October 14, 2021, the European Commission filed a lawsuit against Greece in the EU Court of Justice (Case C-633/21), maintaining that Greece has consistently failed to reduce nitrogen dioxide emissions in the Athens area. According to the Commission, the levels of nitrogen dioxide in the capital have for the last decade exceeded the limits set by EU legislation.
The applicant (the European Commission) asks the European Court of Justice to find two infringements by Greece.
First, by systematically and consistently exceeding the yearly limit values for nitrogen dioxide with regard to the agglomeration of Athens since 2010, it claims that Greece has failed to fulfil its obligations under Article 13 of Directive 2008/50/EC, read in conjunction with Annex XI to the directive,
The Commission notes that this directive, which aims to improve ambient air in the EU, requires Member States to limit citizens’ exposure to nitrogen dioxide. However, Greece, on the basis of its annual air quality reports, has not consistently ensured compliance with the daily and annual limit values for nitrogen dioxide under Article 13 of the Directive since 2005, when this became mandatory.
The European Commission also asks the European Court of Justice to find that Greece, by failing to adopt appropriate measures to ensure compliance with the annual limit value for nitrogen dioxide in Athens from 11 June 2010, has failed to fulfill its obligations under Article 23 (1) of Directive 2008/50 / EC (in conjunction with Annex XV, Section A ‘of that Directive), and in particular the obligation provided for in the second subparagraph of Article 23 (1) of the directive to take the necessary measures so that the duration of the exceedance of limit values is as short as possible.
With regard to this complaint, the Commission claims that the second subparagraph of Article 23 (1) of the Directive imposes a clear and urgent obligation on Member States in the event that limit values are exceeded to adopt air quality plans setting out appropriate measures to ensure that the duration of any exceedance is as short as possible. According to the Commission, Greece failed to draw up an appropriate air quality plan with regard to nitrogen dioxide covering the agglomeration of Athens, in breach of its obligation under Article 23(1) of Directive 2008/50/EC.
As an EU Member State, Greece has a firm obligation to transpose and implement EU law, which aims to establish common rules of law throughout the Union and to protect the rights and public goods enjoyed by European citizens.
However, according to the European Commission, in this case Greece systematically and consistently violated the rules provided for in Directive 2008/50/EC, in violation of the rule of law principles that require Member States to respect and enforce EU law, which in this case aims to improve quality of life by reducing air pollution in the Athens area.
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