Blow to US airlines in emissions fight

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Series Details 7.10.11
Publication Date 07/10/2011
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Foreign airlines can be required to pay for their carbon pollution in the European Union, an Advoate General to the European Court of Justice has advised in an Opinion announced on the 6 October 2011, dealing a setback to a legal challenge from US carriers.

The Opinion marks a potentially decisive turning point in the EU’s effort to include the aviation industry in its carbon emissions trading system from January 2012. From then all airlines will have to buy permits under the EU's emissions trading scheme (ETS) to help cover the carbon cost of all flights that land or take off in Europe.

Two US airlines – United Continental and American Airlines – had challenged the legality of the EU plan.

The final judgment in the case is expected later in 2011 or early 2012.

Related Links
BBC News, 6.10.11: Court adviser says EU airline carbon cap would be legal http://www.bbc.co.uk/news/world-europe-15203149
EurActiv, 6.10.11: Airline carbon cap is legal, says EU's top court lawyer http://www.euractiv.com/climate-environment/eus-top-court-lawyer-airline-carbon-cap-legal-news-508178
ESO: Background information: Aviation and climate change http://www.europeansources.info/record/website-aviation-and-climate-change/
ESO: Background information: Turbulence hits EU airline pollution scheme http://www.europeansources.info/record/turbulence-hits-eu-airline-pollution-scheme/
ESO: Background information: American Airlines hits out at EU carbon plan http://www.europeansources.info/record/american-airlines-hits-out-at-eu-carbon-plan/
EUObserver, 7.10.11: EU court backs airline emissions cap http://euobserver.com/885/113847
ECJ: Press Release, No.104, 2011: According to Advocate General Kokott the inclusion of international aviation in the EU emissions trading scheme is compatible with international law http://curia.europa.eu/jcms/upload/docs/application/pdf/2011-10/cp110104en.pdf
Website: Airlines for America http://www.airlines.org
IATA: Press Release, 6.10.11: IATA Disappointed with CJEU Opinion - Urges Global Solution through ICAO http://www.iata.org/pressroom/pr/Pages/2011-10-06-01.aspx

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