EU: Italy has infringed EU law on ambient air quality

In 2014, the European Commission launched an infringement procedure against the Italian Republic for having systematically and persistently exceeded, in a certain number of zones in Italy, the limit values for PM10 particulate matter laid down by the Air Quality Directive.

The Commission maintained, first, that, since 2008, the Italian Republic had systematically and persistently exceeded, in the zones concerned, the daily and annual limit values applicable to concentrations of PM10 particulate matter, under Article 13(1) of, read in conjunction with Annex XI to, the Air Quality Directive. Secondly, the Commission complained that the Republic of Italy had failed to fulfil its obligation under Article 23(1), read in conjunction with Annex XV to, that directive, to adopt appropriate measures to ensure compliance with the limit values for PM10 particulate matter in all the zones concerned.

Taking the view that the explanations provided in that regard by the Italian Republic during the pre-litigation procedure were insufficient, the Commission brought an action for failure to fulfil obligations before the Court on 13 October 2018.

In the judgment delivered on 10 November 2020, the Court, sitting as a Grand Chamber at the request of the Italian Republic, upheld that action.