The European Commission has decided to refer France to the Court of Justice of the European Union (CJEU) for failing to adopt noise action plans as required by the Noise Directive (Directive 2002/49/EC). This move comes after nearly a decade of correspondence and warnings, with the Commission deeming France’s efforts insufficient.
The Noise Directive mandates that Member States create maps detailing noise exposure in major agglomerations, along central railways, roads, and around major airports. These maps are instrumental in devising measures to mitigate noise pollution and informing the public about exposure levels.
France’s inaction is particularly concerning given the severe health impacts of noise pollution. According to EU estimates, noise contributes to 11,000 premature deaths and 41,000 new cases of ischemic heart disease annually across Europe. Additionally, five million EU residents suffer from chronic high sleep disturbance due to noise.
The Commission first sent a letter of formal notice to France in May 2013, followed by another in December 2017, and a reasoned opinion in September 2023. Despite some progress, France has not fully addressed the Commission’s concerns, leading to the current referral to the CJEU.
The Commission’s referral to the CJEU is the culmination of a lengthy infringement procedure aimed at ensuring France adopts the necessary noise action plans. The Court’s ruling will be binding, and failure to comply may result in financial penalties.
The Commission currently has over 300 active infringement cases against European Member States. the improper application of directives causes 68% of infringement cases, while 23% are caused by non-conformity with transposition obligations. Spain has received 23 infringement cases, while Italy and Poland have 21 cases, respectively. France has been called to respond to 14 cases pertaining to waste, nature, air and water-related infringements.
The case will now proceed to the CJEU, with a hearing date yet to be announced. France’s Ministry of Ecological Transition has not yet responded to requests for comment.
