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Directive including aviation in EU ETS is valid - ECJ

The directive including aviation activities in the EU Emissions Trading Scheme (ETS) is valid, ruled the European Court of Justice.

Application of the emissions trading scheme to aviation infringes neither the principles of customary international law at issue nor the Open Skies Agreement, said the Court of Justice in its judgement delivered on December 21.

A number of American and Canadian airlines and airline associations contested the measures transposing Directive 2008/101 in the UK. According to them, in adopting the directive, the EU infringed a number of principles of customary international law and various international agreements.

"I am of course very satisfied to see that the Court clearly concluded that the EU Directive is fully compatible with international law", said Connie Hedegaard, the Commissioner for Climate Action.

"A number of American airlines decided to challenge our legislation in court and thus abide by the rule of law. So now we expect them to respect European law. We reaffirm our wish to engage constructively with everyone during the implementation of our legislation", she said.

Source: European Commission