EU argued that Spain failed to protect its citizens and ruling by ECJ paves way for Brussels to seek penalties

Spain allowed nitrogen dioxide air pollution levels to systematically exceed EU limits in Madrid and Barcelona between 2010 and 2018, the European court of justice has ruled, potentially paving the way for Brussels to seek penalties.

The EU’s executive commission had asked the bloc’s top court in 2019 to take action against Spain over the 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 Valles-Baix Llobregat, an industrial area near Barcelona.

“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.

It said it would now be up to the commission to take any potential action.

Janet Sanz, the deputy mayor and head of Barcelona’s environment department, said the city was focused on improving public transport and using bicycles and other measures to fight pollution, and central and regional administrations should do their part.

“We’ve been on track for three years, but we will not stop here,” she told reporters.

In Madrid, where a low-emission scheme in a restricted central area has been at the heart of political warfare for years, the conservative mayor accuses his leftwing predecessor’s administration of failing to address air pollution. The opposition blames the mayor for rolling back some anti-pollution measures.