SC: Valid Bareboat Charter Termination Extinguishes Demise Charter, Vessel Arrest Vacated  ||  SC: Absence of Train Ticket No Ground to Deny Compensation for Passenger’s Death  ||  Patna HC: Routine FIR Involvement alone cannot Deny Arms Licence without Safety Threat  ||  Chhattisgarh HC: WhatsApp Chats Proving Mental Cruelty cannot be Ignored on Evidence Grounds  ||  Delhi HC: Foreign Travel Restrictions must not Obstruct Pregnant Foreigner's Medical Care  ||  MP High Court: Article 227 Cannot Be Invoked to Quash Wife’s Conjugal Rights Proceedings  ||  Kerala High Court Issues Directions on Driver Profiling, Bus Regulation and Road Safety  ||  Delhi HC: Prior Permission for Foreign Travel Unjustified When Accused Was Never Arrested  ||  Air India Penalised Rs. 50K Over De-boarding Disabled Woman and Wheelchair Damage  ||  Delhi HC: Muslim Personal Law cannot Shield Sex with Minor Wife from POCSO Case    

Borealis Polyolefine GmbH v. Bundesminister fur Land- und Fortswirtschaft, Umwelt und Wasserwirtschaft - (28 Apr 2016)

ECJ rules allowances under emissions scheme invalid

Environment

The European Court of Justice ruled invalid the maximum annual greenhouse emissions allowance determined by a European Commission decision in 2013.

The Court had received requests for preliminary ruling from several countries, including Austria and Italy. Questioned before court was a decision of the European Commission determining the correction factor for the allocation of permissible greenhouse gas emissions; specifically, whether the maximum annual allowances set therein were in consonance with the Article 10a(5) of Directive 2003/87/EC, which also provided a method for allocating allowances.

The Court noted, in the event of difference in language between provisions, the same would have to be taken into account considering its context and purpose. As such, Article 10(a)5 referred to emissions from installations that were to be included in the trading scheme only starting 2013. Since the Commission’s order considered such emissions to be part of the scheme from before 2013, the same deviated from the meaning in Article 10a(5) and was invalid.

The Court’s judgment granted 10 months in which the Commission could adopt remedial measures to comply with the ruling.

Tags : EUROPE   COMMISSION   GREENHOUSE   EMISSIONS   ALLOWANCE  

Share :        

Disclaimer | Copyright 2026 - All Rights Reserved