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The landscape after the judgment – prognosis of legal effects and further scenarios |
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Friday, 02 October 2009 18:59 |
It seems unbelievable, that in the construction of the European Emission Trading Scheme occurred such a glaring and - potentially burdened with severe consequences – error in law.
Let’s analyze possible future legal scenarios, that are evoked with the judgment of the Court of First Instance of 23 September 2009 in Case T‑183/07 the Republic of Poland against the European Commission.
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Emission trading schemes and rules on public aid – what is a relation between them? |
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Saturday, 04 July 2009 14:46 |
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Very interesting are considerations made by Court of the First Instance in the judgment of the of 10 April 2008 in Case T‑233/04, Kingdom of the Netherlands, supported by Federal Republic of Germany versus Commission of the European Communities, concerning the state aid issues in the emission trading scheme for nitrogen oxides.
Leaving aside particulars of this dispute, it is more important, that in the reasons of that judgment the Court expressed a general view of the relation between measures establishing an emission trading schemes and rules on public aid.
The main question is whether such measures are public aid and when such aid is compatible with the common market.
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Admissibility of the ex-post adjustments in NAP’s |
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Saturday, 04 July 2009 13:01 |
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The following judgment of the Court of the First Instance is important, because it prejudges the legality and admissibility of ex–post adjustments in national allocation plans for emission allowances. It relates to Germany, but bearing in mind that precedent, a draft of a new Polish greenhouse gas emission trading statute (version of 23.06.20008 published on the site of Polish Ministry of the Nature Conservation) also provides for such adjustments. In this case the European Commission was opposite ex-post adjustments (as incompatible with the integrity of the scheme), but it failed in the court proceedings. In the aftermath of this case, in the third trading period 2013 – 2020 it is provided expressis verbis that no ex post adjustments are admissible.
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The principle of equal treatment in the functioning of the EU ETS |
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Saturday, 04 July 2009 11:27 |
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How does operate the principle of equal treatment in relation to the EU ETS?
Judgment of the Court (Grand Chamber) of 16 December 2008 in Case C‑127/07 contributes to explaining this matter. It also concerns, as a preliminary ruling, the validity of Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC (OJ 2003 L 275, p. 32).
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