European Union
Poland v. European Parliament, Council of the EU
Jurisdiction: European Court of Justice
Principle law(s): 2020 Climate and Energy Package (contains Directive 2009/29/EC, Directive 2009/28/EC, Directive 2009/31/EC and Decision No. 406/2009/EC of the Parliament and the Council ; see below),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: Polish government (Government)
Side B: Council of the EU (Government)
Side B: European Parliament (Government)
Core objectives: Poland unsuccessfully challenged the European Union’s decision to adopt a market stability reserve (which would effectively raise fossil fuel prices) on procedural grounds.
Summary
The European Union’s (EU) Directive 2003/87 established a scheme for greenhouse gas emission allowance trading at the EU level (ETS). As the ETS developed, it had a growing structural imbalance in the supply and demand of allowances, resulting in an excess that could reach around 2 billion allowances.Case documents
Related laws and policies
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2020 Climate and Energy Package (contains Directive 2009/29/EC, Directive 2009/28/EC, Directive 2009/31/EC and Decision No. 406/2009/EC of the Parliament and the Council ; see below)
In 2007 EU leaders endorsed an integrated approach to climate and energy policy that aims to combat climate change and increase energy security while strengthening its competitiveness. In 2008 the European Commission proposed binding legislation to implement the 20-20-20 targets. This 'climate an...
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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 ...