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In re Cerámica Hermanos Fernández S.L., Judgment No. 6947/2008 of Dec. 3, 2008

Reporter Info: Appeal No. 315/2005
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 Hermanos Fernández S.L. brought suit against the General Government Administration of Spain challenging the decision of the Council of Ministers of Spain of January 21, 2005 approving an individual assignment of emissions credits to its facility. The court denied Cerámica’s petition. It rejected petitioner’s argument that the Council’s decision had violated its right of free enterprise because individual assignments were not being based on objective criteria, and that its particular assignment should have been based on the facility’s production capacity, as opposed to its actual production.

At Issue: Challenge to individual assignment of emissions
Case Documents:
Filing Date Type File Summary
12/03/2008 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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