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R. (on the application of Swiss International Airlines AG) v. Secretary of State for Climate Change and Energy

Reporter Info: [2015] EWCA Civ 331
Status: Questions referred to the European Union Court of Justice
Case Categories:
  • Suits against governments
    • GHG emissions reduction and trading
      • EU ETS
Jurisdictions:
  • United Kingdom
    • England and Wales
      • Court of Appeal
        • Court of Appeal (Civil Division)
Principal Laws:
  • European Union
    • Secondary Law
      • Decision 377/2013/EU
  • European Union
    • Secondary Law
      • Directives
        • 2003/87/EC
Summary:

The European Union temporarily suspended the greenhouse gas emissions allowance trading scheme for flights coming in and out of the EU, for the purpose of encouraging an agreement among members of the International Civil Aviation Organization to regulate aviation emissions. Flights between EU countries and Switzerland, however, were excluded from the suspension. Swiss International Airlines AG (Swissair) sued, claiming that the EU decision was invalid because it breached the principle of equal treatment. A lower court found that the principle of equal treatment did not apply to differential treatment by the EU towards non-EU member states such as Switzerland, and that, even if the principle did apply, it had not been breached in this case. On appeal, the court found that sufficient doubt existed as to the scope of the equal treatment principle and its application in this case to justify a referral to the European Union Court of Justice, the only court with jurisdiction to declare an EU law invalid.

At Issue: Challenge validity of EU decision suspending greenhouse gas emission allowance trading scheme for some flights to and from the European Union
Case Documents:
Filing Date Type File Summary
04/01/2015 Judgment Download No summary available.

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