Spain allowed nitrogen dioxide (NO2) air pollution levels to systematically exceed EU limits in Madrid and Barcelona between 2010 and 2018, the European Court of Justice ruled on Thursday, potentially paving the way for Brussels to seek penalties.
The EU's executive Commision had asked the bloc's top court in 2019 to take action against Spain over its poor air quality in its two biggest cities, arguing it was failing to protect citizens against pollution.
The Commission has not said what penalties it might seek to impose, if any, but under the EU's infringement procedure these can include either a daily payment or a lump sum. The court found that harmful rates of NO2 in the air had exceeded the limits in areas with a combined population of 7.3 million people, including the two big cities and an industrial area near Barcelona: Valles-Baix Llobregat.
"Spain has failed to ensure that the air quality plans provide for appropriate measures to ensure that the period during which the limit values for NO2 are exceeded is as short as possible, by failing to adopt, since 11 June 2010, appropriate measures to ensure compliance with those limit values," the ruling said.
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