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Case note: Republic of Poland v. Commission (Case T-183/07, 23 September 2009)

Case note: Republic of Poland v. Commission (Case T-183/07, 23 September 2009) Climate Law 1 (2010) 199­206 DOI 10.3233/CL-2010-009 IOS Press Notes from the field Javier de Cendra de Larragán1 This case note discusses the recent ruling of the ECJ's Court of First Instance (CFI) dealing with the challenge brought by Poland against the Commission's decision on Poland's National Allocation Plan (NAP) for the second trading period of the EU emissions trading scheme (EU ETS). In its decision on Poland's NAP, the Commission had imposed on Poland a maximum limit on the amount of allowances that it could allocate to industrial installations covered by the EU ETS. The CFI ruled that the Commission's decision was in breach of EC law, thus appearing to deliver a harsh blow to the Commission's chosen method of assessing the volumes of allowances proposed to be allocated by Member States to industry. (The Commission has appealed the CFI's ruling, so at the time of writing the final outcome in the case is not known.) The case note will also consider the possible effects of the ruling on the future of the EU ETS, taking into account the profound changes made to the scheme by Directive 2009/29/EC.2 The EU ETS is the largest regional carbon market http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Climate Law Brill

Case note: Republic of Poland v. Commission (Case T-183/07, 23 September 2009)

de Larragán, Javier de Cendra
Climate Law , Volume 1 (1): 199 – Jan 1, 2010
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Publisher
Brill
Copyright
Copyright 2010 by Koninklijke Brill NV, Leiden, The Netherlands
ISSN
1878-6553
eISSN
1878-6561
DOI
10.1163/CL-2010-009
Publisher site
See Article on Publisher Site

Abstract

Climate Law 1 (2010) 199­206 DOI 10.3233/CL-2010-009 IOS Press Notes from the field Javier de Cendra de Larragán1 This case note discusses the recent ruling of the ECJ's Court of First Instance (CFI) dealing with the challenge brought by Poland against the Commission's decision on Poland's National Allocation Plan (NAP) for the second trading period of the EU emissions trading scheme (EU ETS). In its decision on Poland's NAP, the Commission had imposed on Poland a maximum limit on the amount of allowances that it could allocate to industrial installations covered by the EU ETS. The CFI ruled that the Commission's decision was in breach of EC law, thus appearing to deliver a harsh blow to the Commission's chosen method of assessing the volumes of allowances proposed to be allocated by Member States to industry. (The Commission has appealed the CFI's ruling, so at the time of writing the final outcome in the case is not known.) The case note will also consider the possible effects of the ruling on the future of the EU ETS, taking into account the profound changes made to the scheme by Directive 2009/29/EC.2 The EU ETS is the largest regional carbon market

Journal

Climate Law – Brill

Published: Jan 1, 2010

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