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Kingdom of the Netherlands v.Commission of the European Communities

Country/Territory
European Union, Netherlands
Type of court
International court
Date
Jun 27, 2007
Source
UNEP, InforMEA
Court name
European Court of Justice
Seat of court
Luxembourg
Judge
Wiszniewska-Bialecka, I.
Moavero Milanesi., E.
Reference number
T-182/06
Language
English
Subject
Environment gen., Air & atmosphere
Keyword
Air pollution (stationary sources) Emissions Procedural matters Environmental security Court/tribunal Environmental standards Air quality/air pollution Ecosystem preservation Law reform/harmonization/deregulation Emission standards Air quality standards Pollution control
Abstract
At the moment, Euro 4 norms laid down in Directive 98/69 allow for small particles emissions of up to 25mg/km from passenger cars and small commercial vehicles with diesel engines. The sale of cars that meet the Euro 4 norms cannot be prohibited by member states ex Art. 2(1) of Directive 98/69. The Netherlands asked permission to introduce stricter norms, aimed at limiting emissions to 5mg/km as of 1 January 2007 by means of an obligatory particle filter. The Commission rejected the Dutch request, made under Art. 95(5) EC Treaty. This judgment confirms the Commission’s decision. While accepting that the emissions of particulate matter produced by diesel vehicles is acute and leads to not meeting quality norms laid down in Directive 1999/30, adoption of national measures that disrupt the functioning of the internal market is only allowed if the environmental problem is specific to the notifying state. The Dutch ambient air quality problems are not significantly different than those in other regions in the EU, according to the Court. On 1 September 2009 filters will become obligatory throughout the EU because of the new Euro 5 norms adopted on 20 June 2007 in the form of EC Regulation No. 715/2007 that limit emissions to 5mg/km as of 1 September 2009. Meanwhile, 60 percent of diesel cars sold in The Netherlands already are equipped with a filter, no doubt as a result of a subsidy of 600 Euro that buyers receive in this case.
Full text
Kingdom of the Netherlands v.Commission of the European Communities 27-06-2007 english.pdf
Website
curia.europa.eu

References

Cites

Directive 98/69/EC of the European Parliament and of the Council relating to measures to be taken against air pollution by emissions from motor vehicles and amending Council Directive 70/220/EEC

Legislation | European Union | 1998

Keyword: Pollution control, Air quality/air pollution

Source: FAO, FAOLEX