Air Transport Association of America v. Secretary of State for Energy and Climate Change

Case C-366/10, 2011 E.C.R. I-13755

From our private database of 46,300+ case briefs, written and edited by humans—never with AI.

Air Transport Association of America v. Secretary of State for Energy and Climate Change

Grand Chamber of the European Court of Justice
Case C-366/10, 2011 E.C.R. I-13755

Play video

Facts

The European Trading Scheme (ETS) was developed to restrict greenhouse-gas emissions by setting mandatory caps on emissions each year. Initially, the ETS dealt only with power plants and other industrial businesses, but in 2008, the European Union (EU) (defendant) expanded the ETS to cover aviation by implementing the Aviation Directive (the Directive). The Directive covered flights arriving in or departing from any airport located within the EU, and provided standards for calculating emissions based on the entire length of the flight, including time flown over other countries and the high seas. After these total calculations, the airline would then be assessed for all emissions connected with the flight. The Directive was met with many objections, and in December 2009, three U.S. airlines and the Air Transport Association of America (plaintiffs) filed an action in the Queen’s Bench Division of the High Court of Justice of England and Wales. The airlines argued that the Directive had violated international-law limitations on jurisdiction through the Directive’s application to portions of flights occurring outside EU airspace. The action was referred to the European Court of Justice for consideration of the issue.

Rule of Law

Issue

Holding and Reasoning ()

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 805,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 805,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 805,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,300 briefs - keyed to 988 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership