UK v Commission. Emissions Trading
Following the Commission's rejection of the UK's proposed amendment to the total quantity of allowances in the UK's National Allocation Plan (NAP) for Phase 1 (2005-2007) of the EU ETS, the UK's legal challenge against the European Commission was heard by the European Court of First Instance on the 18 October 2005 further to proceedings having been initiated in March of last year.
The case against the European Commission seeks to require the Commission to consider the substance of the proposed amendment by way of an application to the Court of First Instance, and an application for proceedings to be expedited. While the case was heard in October, the judgement is unlikely to be issued any earlier than the first half of 2006.
However, the UK's challenge faces criticism as if successful, it would allow the UK Government to increase its emission and further reduce its ability to meet targets for reductions of carbon dioxide.
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