The European Emissions Trading Scheme Case Law

Abstract

Within European climate change and energy policy, the European Emissions Trading Scheme (‘EU ETS’) occupies a prominent role. This article considers the developing case law of the European Courts on the EU ETS. Specific attention is paid to the role of the different actors within the EU ETS and the impact that their applications to the Courts may have on the further development of the EU ETS. Moreover, the continuing lack of standing of private parties in EU ETS cases is analysed in light of demands for legal certainty within a developing economic market.

Keywords: EU ETS, European jurisprudence, legal certainty, legal standing, European environmental and climate change policy

JEL Classification: K32, K33