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In re Cales de Llierca, S.A., Judgment No. 7167/2008 of Dec. 2, 2008

Reporter Info: Appeal No. 259/2005
Status: Granted
Case Categories:
  • Suits against governments
    • GHG emissions reduction and trading
      • EU ETS
Jurisdictions:
  • Spain
    • Supreme Court of Spain
      • Administrative Litigation Division
Principal Laws:
  • Spain
    • Royal Decree Law 1866/2004 of September 6
Summary:

Cales de Llierca, S.A., brought suit against the Council of Ministers of Spain challenging their decision of January 21, 2005 approving the individual assignment of emissions credits to its lime processing facility for the 2005-2007 period. Cales de Llierca argued the assignment of credits was done in violation of provisions in Royal Decree 1866/2004 which required consideration of increased production capacity prior to a certain date in order to determine acceptable emissions levels and the corresponding assignment of credits. The court found in favor of Cales de Llierca and ordered the Council to conduct a new assignment of credits, holding that the administrative record did not sustain the Council’s conclusion regarding the facility’s production capacity and that it had misapplied the methodologies required by applicable laws in reaching its conclusion.

At Issue: Challenge to individual assignment of emissions
Case Documents:
Filing Date Type File Summary
12/02/2008 Judgment Download No summary available.

© 2021 · Sabin Center for Climate Change Law · U.S. Litigation Chart made in collaboration with Arnold & Porter Kaye Scholer LLP

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