Reference for a preliminary ruling from Supreme Court of the United Kingdom (United Kingdom) made on 16 July 2013 – R on the application of ClientEarth v Secretary of State for the Environment, Food and Rural Affairs
Language of the case: English
Supreme Court of the United Kingdom
Parties to the main proceedings
Defendant: Secretary of State for the Environment, Food and Rural Affairs
(1) Where, under the Air Quality Directive (2008/50/EC)1 ("the Directive"), in a given zone or agglomeration conformity with the limit values for nitrogen dioxide was not achieved by the deadline of 1 January 2010 specified in annex XI of the Directive, is a Member State obliged pursuant to the Directive and/or article 4 TEU to seek postponement of the deadline in accordance with article 22 of the Directive?
(2) If so, in what circumstances (if any) may a Member State be relieved of that obligation?
(3) To what extent (if at all) are the obligations of a Member State which has failed to comply with article 13 affected by article 23 (in particular its second paragraph)?
(4) In the event of non-compliance with articles 13 or 22, what (if any) remedies must a national court provide as a matter of European law in order to comply with article 30 of the Directive and/or article 4 or 19 TEU?____________1
Directive 2008/50/EC of the European Parliament and of the Council of 21 May 2008 on ambient air quality and cleaner air for Europe
OJ L 152, p. 1