Action brought on 2 February 2022 – European Commission v Romania
(Case C-69/22)
Language of the case: Romanian
Parties
Applicant: European Commission (represented by: M. Noll-Ehlers and M. Ioan, acting as Agents)
Defendant: Romania
Form of order sought
The applicant claims that the Court should:
declare that, by failing to adopt and notify to the European Commission a National Air Pollution Control Programme, Romania has failed to fulfil its obligations under Article 6(1) and Article 10(1) of Directive (EU) 2016/2284 of the European Parliament and of the Council [of 14 December 2016] on the reduction of national emissions of certain atmospheric pollutants, amending Directive 2003/35/EC and repealing Directive 2001/81/EC; 1
order Romania to pay the costs.
Pleas in law and main arguments
The Commission submits that, by Directive (EU) 2016/2284 on the reduction of national emissions of certain atmospheric pollutants, commitments have been made to reduce emissions of five key atmospheric pollutants for the period 2020-2029, beginning in 2030. With a view to honouring those commitments to reduce emissions and in order to contribute to the achievement of the Union’s air quality objectives, Member States are requested, by Article 6(1) of that directive, to adopt a National Air Pollution Control Programme (NAPCP).
Under Article 10(1) of Directive (EU) 2016/2284, Romania was required to notify the Commission of its NAPCP by 1 April 2019 at the latest, and any planned actions by the Romanian authorities should have been commenced before that date.
Therefore, the Commission submits that, by failing to adopt and notify the Commission of its NAPCP before the date of the present application, Romania has failed to fulfil its obligations under Article 6(1) and Article 10(1) of Directive (EU) 2016/2284.
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1 OJ 2016 L 344, p. 1.