Noting that the French State had failed to take the
necessary measures to ensure compliance with European air pollution
thresholds in several urban areas in France, the Conseil
d'État (French Administrative Supreme Court)
ordered it in 2021 and 2022 to pay 3 penalty payments of €10
million each per six-month period of non-compliance.
In a ruling handed down on November 24, 2023,
considering the persistence of pollution in Paris and Lyon and the
improvements observed, the Conseil d'État once
again ordered the French State to pay two penalty payments of
€5 million each for the two six-month periods from July 2022
to July 20231.
Background
In 2017, the Conseil d'État ordered the
French State to implement plans to reduce nitrogen dioxide (NO2)
and particulate matter (PM10) pollution in 13 urban areas in France
in order to comply with European Directive No. 2008/50 of May 11,
2008 on ambient air quality and cleaner air in Europe, which had
been transposed into the