Emissions Trading before the European Court of Justice: Market Making in Luxembourg
This chapter focuses on challenges to the European Union Emissions Trading Scheme (EU ETS) brought before the European Court of Justice (ECJ) and the Court of First Instance (CFI) — the ‘Community Courts’. It commences with a brief account of the prehistory of the EU ETS (Section 2), followed by its legal form and operation (Section 3), before addressing the Courts case law concerning Directive 2003/87/EC (Section 4).
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