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The Climate Litigation Database

European Union and its Member States — Carbon Border Adjustment Mechanism

Geography
International
Year
2025
Document Type
Litigation

About this case

Filing year
2025
Status
Pending
Geography
International
Court/admin entity
World Trade OrganizationWTO Dispute Settlement Body
Case category
Suits against governments (Global)Trade and Investment (Global)Climate-justified measures (Global)
Principal law
International LawAgreement on Subsidies and Countervailing Measures (SCM Agreement)International LawGeneral Agreement on Tariffs and Trade 1994
At issue
Whether the European Union's Carbon Border Adjustment Mechanism (CBAM Package) and the alleged export subsidy under the Scheme for Greenhouse Gas Emission Allowances Trading are inconsistent with WTO rules, including the GATT 1994, the SCM Agreement, and the Import Licensing Agreement.
Topics
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Documents

Filing Date
Document
Type
Topics 
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Summary

On May 12, 2025, the Russian Federation requested consultations with the European Union regarding the European Union's Carbon Border Adjustment Mechanism (CBAM Package) and an alleged export subsidy under the Scheme for Greenhouse Gas Emission Allowances Trading. Russia claims that the CBAM Package is inconsistent with several provisions of the GATT 1994, the accession protocols of Bulgaria, Latvia, Estonia, Croatia, and Lithuania, and Articles 1.2, 1.3, and 3.2 of the Import Licensing Agreement. Additionally, Russia argues that the alleged subsidy violates Articles 1.1(a)(1) and 3.1(a) of the SCM Agreement, as well as Articles VI and XVI of the GATT 1994.

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Group
Topics
Policy instrument
Risk
Fossil fuel
Greenhouse gas
Economic sector
Adaptation/resilience
Finance