France

Re Emission Quotas: Decision No. 2010-622 DC of December 28, 2010 (French Constitutional Council, 2010)

Jurisdiction: France


Side A: French Constitutional Council (Government)


Core objectives: Challenge to assignment of quotas


Summary
Article 64 of the finance law of 2011 provides that companies will have to purchase their greenhouse gas emissions quotas for 2011 whereas quotas were distributed free of charge in 2010. Some of the companies have still not received their quotas, even though they carried out activities in 2010, and as a result challenged the validity of the law as violating the principle of equality between companies. However the Constitutional Council upholds the validity of the article as the quota purchase will only apply for 2011 and 2012.
Case documents

from the Grantham Research Institute
from the Grantham Research Institute
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