Société Arcelor Atlantique et Lorraine v. Premier Minister (European Court of Justice, Grand Chamber, 2008)

European Union

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: soci̩t̩ arcelor atlantique et lorraine (Corporation)

Side B: Premier Minister (Government)

Core objectives: Challenge to the directive under the principle of equality

Summary

The European Court of Justice upheld provisions of Directive 2003/87 implemented by French legislation, which applied the greenhouse gas trading scheme to installations in the steel sector. Arcelor, a worldwide steel enterprise, challenged the directive under the principle of equality. Arcelor argued that non-ferrous metals and plastics are both industries emitting greenhouse gases, yet they are not regulated by the Directive. The Court found the differences in treatment between the steel industry and the chemical and non-ferrous metal industries to be justified based on substantial differences among the industries, such as the number of installations and the levels of direct emissions.

Case documents

Judgment

Related laws and policies

This law implements European Union legislation

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)

Passed in 2003 Legislative

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 ...