A transatlantic coalition of environmental groups applauded today’s European Court of Justice’s Advocate General’s preliminary opinion, which supports Europe’s right to tackle GHG emissions from airlines. The coalition said the preliminary opinion was very encouraging.

A transatlantic coalition of environmental groups applauded today’s European Court of Justice’s Advocate General’s preliminary opinion, which supports Europe’s right to tackle GHG emissions from airlines. The coalition said the preliminary opinion was very encouraging.

In what is seen as a significant step towards ensuring that action is taken on aviation emissions and potentially an important precedent as regard measures that could apply to other global industries such as shipping; the Advocate General called the airlines’ challenges “unconvincing”, “untenable”, “erroneous” and based on a “highly superficial reading” of the Aviation Directive.

The opinion thoroughly dismisses the airlines’ argument that the EU Law violates sovereignty, pointing out that it is “by no means unusual for a State or an international organisation also to take into account in the exercise of its sovereignty circumstances that occur or have occurred outside its territorial jurisdiction.”

Commenting on the argument that Europe should wait for a global solution, the opinion states “The EU institutions could not reasonably be required to give the ICAO bodies unlimited time in which to develop a multilateral solution.”

The EU Aviation Directive, the world's only mandatory program to address emissions from aviation, will take effect in January 2012.

The Court’s final opinion is expected in 2012.


To read the press release of the Court of Justice of the European UnionTo read the press release of the Court of Justice of the European Union

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