As the dispute regarding status of aviation in the European Emission Trading Scheme becomes more and more pressing it may be useful to refer to certain points of considerations contained in the Judgment of the Court (Grand Chamber) of 21 December 2011 in Case C-366/10.

Elaborations of the Court on the inclusion of aviation activities in the scheme for greenhouse gas emission allowance trading pursuant to the Directive 2003/87/EC (in the wording amended by Directive 2008/101/EC) in the context of the Kyoto Protocol and the principles of customary international law may shed light on the perspectives for future potential further actions as regards spreading the EU ETS rules throughout the world (for instance into the maritime sector according to the recent initiative).