European Union

Afton Chemical Limited v. Secretary of State for Transport (European Court of Justice, 2010)

Jurisdiction: European Union


Principle law(s): Fuel Quality (Directives 2009/30/EC and 2015/1513 amending Directive 98/70/EC as regards the specification of petrol, diesel and gas-oil and introducing a mechanism to monitor and reduce GHG emissions and amending Council Directive 1999/32/EC as regards the specification of fuel used by inland waterway vessels and repealing Directive 93/12/EEC)


Side A: Afton Chemical Limited (Corporation)


Side B: Secretary of State for Transport (Government)


Core objectives:

MMT producer challenged limits and labeling requirements on the use of MMT


Summary
Afton Chemical, a British MMT producer, challenged the EU limits and labeling requirements for the use of the metallic fuel additive MMT. The European Court of Justice ruled that the limit on MMT, adopted in the revised fuel quality Directive 98/70/EC, does not violate the precautionary principle and the principles on equal treatment and proportionality. The court concluded that the EC places significant weight on the protection of human health and the environment. Reducing the health and environmental risks associated with MMT use outweighs the economic interests of Afton Chemical.
Case documents

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