The European Commission has announced its decision to refer Poland to the Court of Justice of the European Union for not complying with nitrogen dioxide (NO2) limits set by the Ambient Air Quality Directive (Directive 2008/50/EC). The directive requires EU member states to keep certain air pollutants, including NO2, below established limit values and to implement measures that minimize periods when these limits are exceeded.
Recent data from 2024 show that two regions in Poland—Aglomeracja Krakowska and Aglomeracja Górnośląska—have recorded NO2 levels above the permitted threshold for fifteen and fourteen consecutive years, respectively. The Commission stated that “despite this persistent and systematic breach, Poland has failed to adopt appropriate measures.” Current air quality plans project compliance by 2026, which would be sixteen years after the relevant standards took effect. However, uncertainty remains due to a current compliance gap of 6-8 μg/m3 above the limit.
Poland’s previous air quality plans included proposals for low emission zones (LEZ) as a way to address NO2 exceedances. Legal obligations related to LEZs were only introduced into Polish law at the end of 2024 for cities exceeding NO2 limits. There have also been delays in implementing these zones: an LEZ in Aglomeracja Krakowska is scheduled for January 1, 2026, while no such zone is planned yet in Aglomeracja Górnośląska. The Commission noted further issues with other pollution control measures, citing their general nature and lack of clearly assigned funding.
The Commission initiated formal proceedings against Poland by sending a letter of formal notice in February 2016 and followed up with a reasoned opinion in February 2021. According to the statement: “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.”
The Air Quality Directive forms part of broader EU clean air policy aimed at achieving zero pollution goals by 2050. In 2024, a revised version ((EU) 2024/2881) was adopted setting stricter standards for air quality pollutants by 2030.
For more information on infringement procedures see:
EU infringement procedure
Infringement decisions database and infringements map and graphs
November 2025 infringements package
Infringement procedure Poland INFR(2016)2010
Maciej Berestecki serves as spokesperson for this issue. Anna Gray is listed as press officer.
