English High Court permits ATA legal challenge to EU emissions trading scheme to proceed

Air Transport Association of America (ATA) announced (27-May-2010) the English High Court will allow ATA to proceed with its legal challenge to the unilateral extension of the EU emissions trading scheme (ETS) to international aviation. The High Court will shortly refer the case to the European Court of Justice (ECJ) in Luxembourg for a ruling on the validity of the EU law. ATA is challenging the EU directive extending the existing ETS to airlines from around the world engaged in international aviation. [more]

ATA: "The High Court decision to refer this case to the European Court of Justice is an important step, as only the ECJ has the authority to rule on the Europe-wide directive that applies the European Emissions Trading Scheme to our airlines. The unilateral extension of the EU ETS to international aviation is contrary to international law both as an extraterritorial action and an improper tax or charge. It also clearly stands in the way of an appropriate and effective global solution," Nancy Young VP, Environmental Affairs. Source: ATA, 27-May-2010.