Today, the European Commission decided to refer Poland to the Court of Justice of the European Union for failing to keep nitrogen dioxide (NO2) levels below the limit values set by the Ambient Air Quality Directive (Directive 2008/50/EC) and to adopt measures to keep the exceedance period as short as possible. The Ambient Air Quality Directive obliges Member States to keep the concentrations of specific pollutants in the air, like NO2, below certain limit values. In case these limit values are exceeded, Member States must adopt and implement measures to keep the exceedance period as short as possible.
According to the most recent data for the year 2024, in two zones (Aglomeracja Krakowska and Aglomeracja Górnośląska) NO2 levels have exceeded the limit values for fifteen and fourteen consecutive years, respectively. Despite this persistent and systematic breach, Poland has failed to adopt appropriate measures. The air quality plans for the two zones foresees that compliance would be achieved by 2026, i.e. sixteen years after the relevant limit values became applicable. However, it is still uncertain whether this goal will be achieved since the compliance gap of 6-8 μg/m3 above the limit is significant. Even though Polands air quality plans have previously put forward the need to address NO2 exceedances by introducing low emission zones (LEZ), the related legal obligations have been introduced into Polish law only as of the end of 2024, for the cities which record NO2 exceedances. Furthermore, there has been a significant delay in the introduction of LEZ in the two non-compliant zones. A LEZ in Aglomeracja Krakowska will only come into force on 1 January 2026, whereas no LEZ is currently planned in Aglomeracja Górnośląska. This situation is further exacerbated by the shortcomings of other air pollution control measures (such as their overly general scope or the lack of clearly attributed funding).
The Commission sent a letter of formal notice to Poland in February 2016 and a reasoned opinion in February 2021. The Commission considers that efforts by the Polish authorities have, to date, been insufficient to ensure compliance and is therefore referring Poland to the Court of Justice of the European Union.
Background
The Air Quality Directive 2008/50/EC is part of the clean air policy framework and contributes to reaching the 2030 air pollution objectives of the zero pollution action plan. It prescribes limit values for concentrations for several air quality pollutants, including nitrogen dioxide (NO2) and particulate matter (PM10 and PM2.5). In case the limit value for a given pollutant is exceeded, Member States must establish air quality plans, setting out appropriate measures to keep the exceedance period as short as possible. In 2024, a revised Air Quality Directive was adopted ((EU) 2024/2881) setting stricter air quality standards to be met by 2030, and a zero pollution objective by 2050.
More Information
Infringement decisions database and infringements map and graphs
November 2025 infringements package
Infringement procedure Poland INFR(2016)2010
