The 'Emissions Trading Scheme' Case-Law: Some New Paths for a Better European Environmental Protection

This chapter, from a monograph on climate change and European emissions trading, provides an analysis of the case-law concerning the European greenhouse gas Emissions Trading Scheme (ETS). The authors present eight topic areas: amendments to the national allocation plans; access to justice and the individually-concerned case-law; procedures, delays, and public participation under Directive 2003/87/EC; the connections between the 1st phase period and the Kyoto period; the interpretation of the Commission's guidelines; ex post adjustments and the principle of subsidiarity in the ETS Directive's system; the Directive 2003/87/EC and the State-aid matter, including the connections with Articles 87 and 88 of the EC Treaty; and whether or not the scope of the Directive is discriminatory. The authors conclude that, in order to achieve the goal of a 20% reduction in emissions by 2020, the European authorities must modify the ETS Directive in a manageable way. They recommend doing this on four components: enlargement of the Directive's scope; the scarcity of the EU allowances; the sanction of any illegal emission; and a wider access to justice in environmental matters, particularly in regard to community decisions about greenhouse gas allowance trading. The authors remind readers that the real contribution of the Court is that judges permitted a real and protective environmental dimension to be brought to the ETS system. Extensive footnotes to case-law citations are provided. One appendix lists decisions of the Court of First Instance, decisions of the Court of Justice, cases pending before the Court of First Instance of the European Community, directives and decisions related to the "Emissions Trading Scheme," and Commission's Guidelines.


  • English

Media Info

  • Media Type: Print
  • Features: Appendices; References;
  • Pagination: pp 88-127
  • Monograph Title: Climate Change and European Emissions Trading

Subject/Index Terms

Filing Info

  • Accession Number: 01146715
  • Record Type: Publication
  • ISBN: 9781847208989
  • Files: TRIS
  • Created Date: Dec 15 2009 10:06AM