European Commission Refers Bulgaria to EU Court of Justice Over Ammonia Emission Failures

EC Takes Legal Action Against Bulgaria for Air Pollution Non-Compliance

The European Commission announced today, November 21, 2025, its decision to refer Bulgaria to the Court of Justice of the European Union (ECJ). The referral stems from Bulgaria's persistent failure to meet its emission reduction commitments for several air pollutants, specifically ammonia (NH3). This action is mandated by the Directive on the reduction of national emissions of certain atmospheric pollutants (Directive (EU) 2016/2284), commonly known as the NEC Directive.

Bulgaria is not alone in facing legal proceedings. The Commission has also referred Lithuania, Portugal, and Sweden to the ECJ for similar breaches. While Bulgaria, Portugal, and Sweden have failed to meet their ammonia emission targets, Lithuania has not fulfilled its obligations regarding nitrogen oxides (NOx) and non-methane volatile organic compounds (NMVOC).

Background to the Infringement Procedure

Under the NEC Directive, EU Member States are required to establish and regularly update National Air Pollution Control Programmes (NAPCPs). These programs are crucial for demonstrating how countries intend to meet their emission reduction commitments, which are set annually for the period between 2020 and 2029, with more ambitious reductions planned from 2030 onwards.

The current referral follows a series of warnings from the European Commission. In January 2023, the Commission sent formal notification letters to 14 countries that had not met their 2020 emission reduction commitments. After reviewing data up to 2021, reasoned opinions were subsequently issued to nine of these nations. The Commission stated that the efforts made by the relevant authorities in these countries have been insufficient, leading to the decision to escalate the matter to the ECJ.

Bulgaria's History of Air Quality Challenges

This is not the first time Bulgaria has faced legal action from the EU regarding air quality. The country has a documented history of struggling with air pollution. Previous rulings by the ECJ include a 2017 judgment that found Bulgaria in breach of EU ambient air quality legislation for systematically and continuously exceeding limits for particulate matter (PM10). In 2020, the Commission referred Bulgaria to the ECJ again for failing to comply with that earlier judgment. Furthermore, in 2022, the ECJ confirmed that Bulgaria had breached EU rules by failing to address sulphur dioxide (SO2) pollution, particularly from coal-fired power plants.

The current referral specifically highlights Bulgaria's repeated shortcomings in cutting ammonia emissions and a consistent lack of adequate action despite multiple warnings and assessments. The country reportedly did not meet the required reduction levels for 2020 and 2021 and has yet to present a realistic and detailed plan for future compliance.

Potential Consequences of the Referral

A referral to the ECJ is a significant step in the EU's infringement procedure. If the ECJ finds Bulgaria to be in breach of its obligations, it could lead to further legal actions, including the imposition of financial penalties, should the country fail to achieve compliance. The Commission has indicated it will continue to monitor air pollutant emissions across all Member States and will take further action where warranted.