Air Transport Association of America v. Energy Secretary before the European Court of Justice: Clarifying Direct Effect and Guidance for Future Instrument Design for a Green Economy in the EU

Review of European Community & International Environmental Law (RECIEL) Forthcoming 2012

University of Cambridge Faculty of Law Research Paper No. 12/2012

Posted: 21 May 2012 Last revised: 23 Aug 2012

Markus Gehring

University of Cambridge - Faculty of Law

Date Written: May 8, 2012

Abstract

In a preliminary ruling on Air Transport Association of America (ATAA) v. Energy Secretary the European Court of Justice (CJEU) delivered a groundbreaking decision. The case is concerned with the legality of the inclusion of the aviation sector in the EU emission trading scheme (ETS). As such, it poses many interesting legal questions from a EU external relations and EU environmental law points of view but ultimately what the case represents is a resounding victory for the EU and its Member States in confirming the legality of the inclusion of aviation in the EU ETS.

Keywords: EU, Climate Change, ETS, External Relations, International Aviation, Law, Sustainable Development

JEL Classification: K3

Suggested Citation

Gehring, Markus, Air Transport Association of America v. Energy Secretary before the European Court of Justice: Clarifying Direct Effect and Guidance for Future Instrument Design for a Green Economy in the EU (May 8, 2012). Review of European Community & International Environmental Law (RECIEL) Forthcoming 2012; University of Cambridge Faculty of Law Research Paper No. 12/2012. Available at SSRN: https://ssrn.com/abstract=2063254 or http://dx.doi.org/10.2139/ssrn.2063254

Markus Gehring (Contact Author)

University of Cambridge - Faculty of Law ( email )

10 West Road
Cambridge, CB3 9DZ
United Kingdom

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