ArcelorMittal Rodange et Schifflange SA v. State of the Grand Duchy of Luxembourg
Jurisdiction: European Union
Principle law(s): EU Emission Trading Scheme (EU ETS) (Directive 2003/87/EC establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC)
Side A: ArcelorMittal Rodange et Schifflange SA (Corporation)
Side B: State of the Grand Duchy of Luxembourg (Government)
Core objectives: Company challenged the surrender without compensation of emissions from an installation whose objectives have been suspended
SummaryArcelorMittal Rodange et Schifflange SA (ArcelorMittal) operated an installation in Schifflange, Luxembourg until the end of 2011, which was subject to the EU emissions trading scheme (ETS). Luxembourg's Minister of the Environment allocated ArcelorMittal a total quantity of 405,365 emissions allowances for the period between 2008 to 2012. On 23 April 2012, ArcelorMittal requested that the Minister of the Environment cease environmental monitoring because the activities of its Schifflange installation had been suspended for an indefinite period since the end of 2011. On 6 June 2013, the Minister of Sustainable Development and Infrastructure (1) reduced the total emissions allowances allocated to ArcelorMittal between 2008 to 2012 and (2) requested that ArcelorMittal surrender 80,922 emissions allowances without compensation based on Article 13(6) of a Luxembourgish law transposing Directive 2003/87/EC.
Related laws and policies
EU Emission Trading Scheme (EU ETS) (Directive 2003/87/EC establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC)
This Directive establishes a Community GHG emissions trading scheme from 2005, to enable the Community and the Member States to meet their Kyoto Protocol commitments. Directive 2004/101/EC reinforces the link between the EU's emission allowance trading scheme and the Kyoto Protocol by making the ...