CELEX: 62015CA0272
Language: en
Date: 2016-12-21 00:00:00
Title: Case C-272/15: Judgment of the Court (Fourth Chamber) of 21 December 2016 (request for a preliminary ruling from the Court of Appeal (England & Wales) (Civil Division) — United Kingdom) — Swiss International Air Lines AG v The Secretary of State for Energy and Climate Change, Environment Agency (Reference for a preliminary ruling — Directive 2003/87/EC — Scheme for greenhouse gas emission allowance trading — Obligation to surrender emission allowances in respect of flights between EU Member States and most third countries — Decision No 377/2013/EU — Article 1 — Temporary derogation — Exclusion of flights to and from airports situated in Switzerland — Difference of treatment of third countries — General principle of equal treatment — Inapplicable)

20.2.2017   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 53/12
            
         Judgment of the Court (Fourth Chamber) of 21 December 2016 (request for a preliminary ruling from the Court of Appeal (England & Wales) (Civil Division) — United Kingdom) — Swiss International Air Lines AG v The Secretary of State for Energy and Climate Change, Environment Agency
   (Case C-272/15) (1)
   
   ((Reference for a preliminary ruling - Directive 2003/87/EC - Scheme for greenhouse gas emission allowance trading - Obligation to surrender emission allowances in respect of flights between EU Member States and most third countries - Decision No 377/2013/EU - Article 1 - Temporary derogation - Exclusion of flights to and from airports situated in Switzerland - Difference of treatment of third countries - General principle of equal treatment - Inapplicable))
   (2017/C 053/14)
   Language of the case: English
   
      Referring court
   
   Court of Appeal (England & Wales) (Civil Division)
   
      Parties to the main proceedings
   
   
      Appellant: Swiss International Air Lines AG
   
      Respondents: The Secretary of State for Energy and Climate Change, Environment Agency
   
      Operative part of the judgment
   
   Examination in the light of the principle of equal treatment of Decision No 377/2013/EU of the European Parliament and of the Council of 24 April 2013 derogating temporarily from Directive 2003/87/EC establishing a scheme for greenhouse gas emission allowance trading within the Community has disclosed nothing to affect the validity of that decision in so far as the temporary derogation provided for in Article 1 of that decision from the requirements laid down in Article 12(2a) and Article 16 of Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC, as amended by Directive 2008/101/EC of the European Parliament and of the Council of 19 November 2008, with respect to the surrender of greenhouse gas emission allowances in respect of flights operated in 2012 between Member States of the European Union and most third countries, does not apply to, inter alia, flights to and from airports situated in Switzerland.
   
      (1)  OJ C 279, 24.8.2015.