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The Climate Litigation Database
Litigation

Re Emission Quotas: Decision No. 2010-622 DC of Dec. 28, 2010

Date
2010
Geography
France

About this case

Filing year
2010
Status
Denied
Geography
Court/admin entity
France → Constitutional Council
Case category
Suits against governments → GHG emissions reduction and trading → EU ETS
Principal law
France → Finance Amendment Bill 2011
At issue
Challenge to assignment of quotas

Documents

Filing Date
Type
Document
Summary
12/28/2010
Decision
View
In French

Summary

Article 64 of the finance law of 2011 provides that companies will have to purchase their greenhouse gas emissions quotas for 2011 whereas quotas were distributed free of charge in 2010. Some of the companies have still not received their quotas, even though they carried out activities in 2010, and as a result challenged the validity of the law as violating the principle of equality between companies. However the Constitutional Council upholds the validity of the article as the quota purchase will only apply for 2011 and 2012.