Emissions Trading Before the European Court of Justice: Market Making in Luxembourg

2009 ◽  
Author(s):  
Navraj Singh Ghaleigh
Keyword(s):  
Emissions Trading ◽  
European Court Of Justice ◽  
Market Making ◽  
Court Of Justice ◽  
European Court

scholarly journals Building a climate policy in Belgium: flexible mechanisms in a flexible state?

elni Review ◽  
2005 ◽  
pp. 29-39
Author(s):  
Jan de Mulder
Keyword(s):  
Climate Change ◽  
Climate Policy ◽  
Emissions Trading ◽  
European Court Of Justice ◽  
Federal Level ◽  
Climate Change Issue ◽  
Court Of Justice ◽  
European Court ◽  
The Moment ◽  
Flexible Mechanisms

On January 19th 2005 the Commission announced to take Belgium, Greece, Finland and Italy to the European Court of Justice for not fully transposing Directive 2003/87/EC on CO2-Emissions Trading (ET-directive) into national law. This should have been done by 31 December 2003. In the case of Belgium, the Commission was taking this action for the reason that in Belgium the Directive had been transposed only in the Brussels and Walloon Regions. At the moment of the Commission’s announcement the Flemish region was almost ready with its draft-legislation, but this was of course not sufficient to convince the Commission. This contribution gives an overview of the policy developments regarding the climate change issue, both at the federal level and at the regional levels in Belgium. The Flemish situation gets some particular attention.

scholarly journals Commentary on European Court of Justice judgement of 19 January 2017 in case C-460/15 Schaefer Kalk GmbH & Co. KG v Bundesrepublik Deutschland

2018 ◽  
Vol 29 (2) ◽  
pp. 25-30
Author(s):  
Przemysław Siwior ◽  
Joanna Bukowska
Keyword(s):  
Emissions Trading ◽  
European Court Of Justice ◽  
Precipitated Calcium Carbonate ◽  
Bundesrepublik Deutschland ◽  
Court Of Justice ◽  
European Court ◽  
Emissions Trading Scheme ◽  
Commission Regulation ◽  
Trading Scheme ◽  
The Eu

Abstract The aim of this article is to discuss the following judgement of the European Court of Justice in case C-460/15 Schaefer Kalk GmbH & Co. KG v Bundesrepublik Deutschland concerning the EU Emissions Trading Scheme (EU ETS): ‘The second sentence of Article 49(1) of Commission Regulation (EU) No 601/2012 of 21 June 2012 on the monitoring and reporting of greenhouse gas emissions pursuant to Directive 2003/87/EC of the European Parliament and of the Council and point 10(B) of Annex IV to that regulation are invalid in so far as they systematically include the carbon dioxide (CO2) transferred to another installation for the production of precipitated calcium carbonate in the emissions of the lime combustion installation, regardless of whether or not that CO2 is released into the atmosphere.’ [operative part of the judgment].

Fighting for Authority: Strategic Actions of National High Courts in the European Union

2019 ◽  
Vol 12 (2-2019) ◽  
pp. 419-433
Author(s):  
Stefanie Vedder
Keyword(s):  
European Union ◽  
European Court Of Justice ◽  
Eu Law ◽  
The European Union ◽  
Principal Agent Theory ◽  
Strategic Actions ◽  
High Courts ◽  
Court Of Justice ◽  
European Court ◽  
Lower Courts

National high courts in the European Union (EU) are constantly challenged: the European Court of Justice (ECJ) claims the authority to declare national standing interpretations invalid should it find them incompatible with its views on EU law. This principle noticeably impairs the formerly undisputed sovereignty of national high courts. In addition, preliminary references empower lower courts to question interpretations established by their national ‘superiors’. Assuming that courts want to protect their own interests, the article presumes that national high courts develop strategies to elude the breach of their standing interpretations. Building on principal-agent theory, the article proposes that national high courts can use the level of (im-) precision in the wording of the ECJ’s judgements to continue applying their own interpretations. The article develops theoretical strategies for national high courts in their struggle for authority.

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