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

United Kingdom

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

Judgment (English)

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 ...