Kerala HC: Persons With Down Syndrome Get Protection and Guardianship under National Trust Act, 1999  ||  J&K&L HC: Contractual Staff Cannot Claim Payment Beyond Contract Period Without Proving Work  ||  J&K&L HC: Revisional Powers U/S 15 Must be Exercised in Reasonable Time, Not After 20-Year Delay  ||  MP High Court: Revoking Building Permission Without Fraud Proof Violates Right to Property  ||  Madras HC: Centre’s Consent For Remission is Needed only When Sentence under Central Act is Ongoing  ||  Delhi HC: Private School Employees Entitled to Child Care Leave Equivalent to Government Employees  ||  Supreme Court Has Released Draft Regulations on AI Use in the Judiciary and Invited Public Feedback  ||  Supreme Court: MMDR Act Royalty Hikes Prevail over Contractual Terms  ||  Delhi HC: Daughter-In-Law Has No Independent Right in Mother-In-Law’s Self-Acquired House  ||  SC: Prolonged Separation Can Constitute Cruelty and Desertion    

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