Cookies Policy

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

All things not being equal: Aviation in the EU ETS

No metrics data to plot.
The attempt to load metrics for this article has failed.
The attempt to plot a graph for these metrics has failed.
The full text of this article is not currently available.

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this article

+ Tax (if applicable)
Add to Favorites
You must be logged in to use this functionality

image of Climate Law

The EU ETS lays down distinctions between the aviation sector and other covered sectors with regard to the determination of the emission cap and the manner in which allowances are allocated to operators in different sectors. The choices made by the legislature could infringe upon the principle of equality. I rely upon the criteria set out by the Court of Justice of the European Union to assess whether the principle is respected under the EU ETS. The decision to use different base years for the aviation sector in the calculation of the emission cap can be justified by the undue burden that would be placed on the sector if the base year were set to 1990, in view of its rapid growth over the past two decades. The use of a different allocation method for aviation is not so easily explained. Whether the principle of equality is respected as between different sectors and within the aviation sector will depend on the material effect that the EU ETS will have. In turn, this depends on the development of the price of EUAs. The treatment of aviation under the EU ETS in phase three could give rise to a challenge in a national court once the effects of it become clear.


Full text loading...


Data & Media loading...

Article metrics loading...



Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Subscribe to ToC alert
  • Get permissions
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
    Climate Law — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation