Borealis Polyolefine GmbH v. Bundesminister (European Court of Justice, 2016)
Jurisdiction: European Court of Justice
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 Polyolefine GmbH (Corporation)
Side B: Minister for Land, Forestry, Environment, and Water Management (Government)
The Court found that the European Commission's 2013 Decision established a "correction factor" calculation that ignored relevant information, and on that basis instructed the Commission to revise its approach by March 2017. The Court's ruling largely ratified the November 2015 recommendation issued in the case by Advocate General Kokott, but deviated in one important respect: whereas Kokott had concluded that too many free allowances were granted to the firms, the ECJ determined that it was unclear whether too many or too few had been granted.
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 ...