United Kingdom

Cemex UK Cement Ltd v. Department for the Environment, Food and Rural Affairs (Queen's Bench Division, Administrative Court, 2006)

Jurisdiction: United Kingdom


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: Cemex UK Cement Ltd (Corporation)


Side B: Department of Environment Food and Rural Affairs (Government)


Core objectives:

Challenge to new commission rule under the United Kingdom National Allocation Plan


Summary
A United Kingdom court dismissed an action by a cement company, which asserted that a change in the commissioning rule during Phase II of the National Allocation Plan (NAP) seriously disadvantaged one of its plants, violating the principle of equity. The court held that there was inevitably an element of "rough justice" in the commissioning rule and there is no reason for unusually protracted comissioning difficulties at an individual cement factory to be treated any differently from other difficulties such as marketing, labor or management maintenance problems.
Case documents

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