European Union

Re Greenhouse Gas Emission Allowance: United Kingdom v. Commission of the European Communities (Court of First Instance of the European Communities, First Chamber, 2005)

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: United Kingdom (Government)


Side B: Commission of the European Communities (Government)


Core objectives:

Challenge to a Commission decision that refused to allow an increase in UK's emission of greenhouse gases.


Summary
European Court reversed a Commission of the European Communities decision barring the UK from amending its national allocation plan (NAP) under Article 9 of Directive 2003/87, which established a scheme for greenhouse gas (GHG) emission allowance trading within the European Community. A Member State is entitled to propose amendments to its NAP after it has been notified to the Commission, and until its adoption of its decision under Article 11(1), even if the amendments increase the total quantities of GHG emissions. The court found that the Commission made an error of law in rejecting the amendments proposed by the UK as inadmissible.

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