Commission v United Kingdom (Air quality)
The United Kingdom had systematically and persistently exceeded the annual limit value for nitrogen dioxide in 16 zones, and had failed to adopt measures to keep the period of exceedance as short as possible.
Facts
The European Commission brought infringement proceedings against the United Kingdom for failing to comply with the limit values for nitrogen dioxide under the Air Quality Directive in 16 air quality zones, including Greater London, Greater Manchester and Birmingham, since 2010, and for failing to adopt air quality plans which kept the period of exceedance as short as possible. The United Kingdom left the EU while the case was pending, but the Court of Justice retained jurisdiction under the Withdrawal Agreement.
Legal principle
The Court of Justice held that the United Kingdom had failed to fulfil its obligations under the Air Quality Directive, by systematically and persistently exceeding the annual limit value for nitrogen dioxide in the 16 zones from 2010, and by failing to adopt appropriate measures to keep the period of exceedance as short as possible. The court said that the fact that the exceedances had continued for many years was itself evidence that the measures adopted were inadequate. The judgment was one of the last given against the United Kingdom under the Withdrawal Agreement.
Related cases on air and water quality
- ClientEarth v Secretary of State for the Environment, Food and Rural Affairs Case C-404/13, EU:C:2014:2382
- Commission v United Kingdom (Bathing water) Case C-56/90, [1993] ECR I-4109
- Janecek v Freistaat Bayern Case C-237/07, [2008] ECR I-6221
- National Rivers Authority v Yorkshire Water Services Ltd [1995] 1 AC 444
- R (ClientEarth) v Secretary of State for the Environment, Food and Rural Affairs [2015] UKSC 28
- R (ClientEarth) v Secretary of State for the Environment, Food and Rural Affairs (No 2) [2016] EWHC 2740 (Admin)
- R v Secretary of State for the Environment, ex p Standley Case C-293/97, [1999] ECR I-2603
- Wychavon District Council v National Rivers Authority [1993] 1 WLR 125
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This summary is for study and revision and is not legal advice. Although our case summaries are checked for accuracy, we do not guarantee that they are free from errors or omissions. Always read the full judgment for the court's reasoning.
