Borealis AB, Kubikenborg Aluminum AB, Yara AB, SSAB EMEA AB, Lulekraft AB, Vórmevórden i Nynóshamn AB, Cementa AB, Haganós Sweden AB v. Naturvardsverket
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: Borealis AB, Kubikenborg Aluminum AB, Yara AB, SSAB EMEA AB, Lulekraft AB, Värmevärden i Nynäshamn AB, Cementa AB, Höganäs Sweden AB (Corporation)
Side B: Naturvårdsverket (Government)
The ECJ held that the ruling in Case C-191/14 applied to the facts of this case, and therefore that the operators are not entitled to additional allowances. It also reaffirmed its previous ruling that the European Commission has a period of 10 months from the decision in Case C-191/14 to correct the correction factor calculation, but also that any measures adopted by the European Commission during that period on the basis of the provisions invalidated by Case C-191/14 cannot be called into question. Lastly, it ruled that Commission Decision 2011/278/EU remains valid and must be interpreted in such a way as to prevent double-allocation of emissions allowances. The Court returned the case to the Swedish court for final ruling.
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 ...