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Armstrong DLW GmbH v. Winnington Networks Ltd.

Country/Territory
United Kingdom
Date
Jan 1, 2012
Source
UNEP, InforMEA
Court name
High Court of Justice
Seat of court
England and Wales
Reference number
[2012] EWHC 10
Abstract
Under the EU Emissions Trading Scheme (EU ETS), European Union Allowances (EUAs) are now classified as intangible property under English law. As a result of a fraudulent sale to Winnington of EUAs belonging to Armstrong, it was necessary to determine, among other things, their status under law. To determine the status of EUAs, the Court applied a three-part test identified in Re Celtic Extraction. In order for EUAs to be considered property, there must be statutory framework conferring an entitlement on their holder to an exemption from a fine, the “property” must be transferable under a statutory framework, and the “property” must have value. The Court classified EUAs as intangible property at common law, as they satisfy the three prongs of the test, and determined that since EUAs may be subject to restitutionary claims, Armstrong was entitled to a money judgment.

Key environmental legal questions:

Determine legal status of EU Allowances (EUAs) under English law
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