Challenge to EU emissions trading law is allowed says UK Court

The English High Court is to allow the Air Transport Association of America (ATA), the trade organization for the leading U.S. airlines, permission to proceed with its legal challenge to the unilateral extension of the EU emissions trading scheme 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.
Middle Eastern and North African airlines are watching the challenge with interest having joined in a call by IATA director general Giovanni Bisignani to declare the new taxes illegal.
“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,” said ATA Vice President, Environmental Affairs, Nancy Young.
ATA is challenging the EU directive extending the existing emissions trading scheme (ETS) to airlines from around the world engaged in international aviation activities.
Like the leading Arab carriers, ATA and its member airlines are committed to reducing greenhouse gas emissions from aviation. ATA’s view is that the unilateral approach taken under the EU ETS not only violates critical international law principles, but also imposes costly policies on international aviation that siphon away from the airlines the very funds they need to continue to improve their strong record of continuous environmental improvement.

ATA said it has joined other airlines around the world in supporting a global framework for greenhouse gas measures under the International Civil Aviation Organization (ICAO), the United Nations body charged with establishing environmental and other standards for international aviation.