Judgment No. 6947/2008 of December 3, 2008 (Supreme Court of Spain, Administrative Litigation Division, Section 5)
Side A: Cerámica Hermanos Fernández S.L (Corporation)
Side B: General Government Administration of Spain (Government)
Challenge to individual assignment of emissions
Ceramica Hermanos Fernandez S.L. brought suit against the General Government Administration of Spain challenging the decision of the Council of Ministers of Spain of January 21, 2005 approving an individual assignment of emissions credits to its facility. The court denied Cerámica's petition. It rejected petitioner's argument that the Council's decision had violated its right of free enterprise because individual assignments were not being based on objective criteria, and that its particular assignment should have been based on the facility's production capacity, as opposed to its actual production.