Legal challenge to European ETS to proceed

The UK High Court has granted permission for the Air Transport Association of America (ATA) to proceed with a legal challenge to the unilateral extension of the EU emissions trading scheme to international aviation.

The High Court will refer the case to the European Court of Justice (ECJ) in Luxembourg for a ruling on the validity of the EU law.

“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," said ATA Vice President, Environmental Affairs, Nancy Young.

"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,” .

The ATA is challenging the EU directive extending the existing emissions trading scheme to airlines from around the world engaged in international aviation activities.

The Association says it 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 and its members have joined other airlines around the world in supporting a global framework for greenhouse gas measures under ICAO auspices.

However, the EU has been adamant all along that it will proceed with its own initiative, claiming that the ICAO processes take too long.