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
Climate Law – Brill
Published: Jan 1, 2010
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