83The Republic of Austria emphasises that Directive 96/62 in conjunction with Directive 1999/30 imposes an obligation on the Member State concerned to act, if the annual limit value for nitrogen dioxide is exceeded. Moreover, the Austrian authorities are obliged to ensure respect for the private and family life of citizens, enshrined in Article 7 of the Charter of Fundamental Right of the European Union (‘the Charter’) and Article 8(2) of the European Convention for the Protection of Human Rights and Fundamental Freedoms, signed in Rome on 4 November 1950, including the right to be protected against harm to health and the quality of life. In the present case, a fair balance was struck between the interests involved, in accordance with the line of case-law starting with Case C-112/00 Schmidberger [2003] ECR I-5659.
Source: EUR-Lex, © European Union, 1998-2026. Reuse authorised under Decision 2011/833/EU.