A Blow to Airlines in EU ETS Dispute

By Vanessa Edwards (London/Brussels), Philip Torbøl (Brussels), Christopher Tung (Hong Kong), and Jonathan Blank (Washington, D.C.)

In an important case pending before the European Court of Justice (ECJ), the Advocate General Juliane Kokott (AG) delivered her Opinion on Thursday 6 October. The AG considers that the inclusion of international aviation in the European Union (EU) Emissions Trading Scheme (ETS) is compatible with international law.

The AG's Opinion is not binding on the judges of the ECJ but in the majority of cases the judgment of the ECJ comes to the same conclusion. The judgments in this case should be delivered in the course of next year.

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