Judgment No. 7168/2008 of December 3, 2008 (Supreme Court of Spain, Administrative Litigation Division, Section 5)
Side A: Cerámica General Casta̱os, S.A. (Corporation)
Side B: Council of Ministers of Spain (Government)
Challenge to individual assignment of credits
Cerámica General Castaños, S.A., brought suit against the decision of the Council of Ministers of Spain of January 21, 2005 approving the assignment of emission credits to its facility in Bailen for the 2005-2007 term at 6,666 annual tons of CO2. The Court found in favor of Cerámica, inasmuch as the Administration had not taken into account the proven increase in production capacity that was expected from the facility's new wing. According to the Court, Royal Decree 1866/2004 of September 6, 2004 required consideration of increased production capacity prior to a certain date in order to determine acceptable emissions levels and the corresponding assignment of credits. However, the Court found there was insufficient proof in the record to sustain Cerámica's argument for an increase to 7,725 annual tons of CO2. Accordingly, the Court annulled the individual assignment of emissions credits and ordered that a new calculation take place in harmony with its findings.