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The Climate Litigation Database
Litigation

United Kingdom v. Commission of the European Communities

Date
2005
Geography
International

About this case

Filing year
2005
Status
Reversed European Commission's decision
Geography
International
Court/admin entity
European Union → General Court (known as Court of First Instance before 2010)
Case category
Suits against governments → GHG emissions reduction and trading → EU ETS
Principal law
European Union
At issue
Challenge to a Commission decision that refused to allow an increase in UK's emission of greenhouse gases

Documents

Filing Date
Type
Document
Summary
11/23/2005
Decision
View
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Summary

European Court reversed a Commission of the European Communities decision barring the UK from amending its national allocation plan (NAP) under Article 9 of Directive 2003/87, which established a scheme for greenhouse gas (GHG) emission allowance trading within the European Community. A Member State is entitled to propose amendments to its NAP after it has been notified to the Commission, and until its adoption of its decision under Article 11(1), even if the amendments increase the total quantities of GHG emissions. The court found that the Commission made an error of law in rejecting the amendments proposed by the UK as inadmissible.