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In re Cerámica Dolores García Bazataqui S.L.: Judgment No. 3421/2009 of May 29, 2009

Reporter Info: Appeal No. 303/2005
Status: Denied
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:

Cerámica Dolores García Bazataqui S.L. brought suit challenging the decision of the Council of Ministers of Spain of January 21, 2005 that declared the individual assignment of emissions allowances for the 2005-2007 term. Cerámica was assigned 18,051 annual credits, instead of the 29,023.76 it had requested. It argued that the assignment of credits was done in violation of provisions in Royal Decree 1866/2004 of September 6, 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 rejected this argument and dismissed the petition, as the record reflected that the Administration had adequately taken these factors into account.

At Issue: Challenge to individual assignment of credits
Case Documents:
Filing Date Type File Summary
05/29/2009 Judgment Download No summary available.

© 2023 · Sabin Center for Climate Change Law · U.S. Litigation Chart made in collaboration with Arnold & Porter Kaye Scholer LLP

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