My post on action taken by the European Commission for breach of European laws on Air Quality is here.
On 10 July 2014, ClientEarth’s case against the UK Government for breaching air quality limits was heard by the court of Justice of the European Union in Luxembourg. ClientEarth and European Commission lawyers told EU judges UK Government plans will not meet nitrogen dioxide limits in London, Birmingham and Leeds until after 2030. This is 20 years after the original legal deadline and five years later than previously admitted. The information was made publically available by Defra the day before.
European Court of Justice (ECJ) judgment from 19 November 2014 is binding on the UK courts and the national courts in all 28 EU member states. The ECJ highlighted, that limit values for NO2 has to be met since 1 January 2010, if the Member States didn’t apply for a time extension for five years. Member States are obliged to develop an air quality plan, containing effective measures to keep the time of non-compliance as short as possible. The decision indicates that national courts have to demand for any necessary measure from the national authority.
Further information is here.