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In re Cerámica Dolores García Bazataqui S.L.: Judgment No. 3421/2009 of May 29, 2009

Country/Territory
Spain
Date
May 1, 2009
Source
UNEP, InforMEA
Court name
Supreme Court of Spain
Seat of court
Administrative Litigation Division
Reference number
Appeal No. 303/2005
Abstract
Cerámica Dolores García Bazataqui S.L. brought suit challenging the decision of the Council of Ministers of Spain of January 21, 2005 that declared the individual assignment of emissions allowances for the 2005-2007 term. Cerámica was assigned 18,051 annual credits, instead of the 29,023.76 it had requested. It argued that the assignment of credits was done in violation of provisions in Royal Decree 1866/2004 of September 6, 2004, which required consideration of increased production capacity prior to a certain date in order to determine acceptable emissions levels and the corresponding assignment of credits. The Court rejected this argument and dismissed the petition, as the record reflected that the Administration had adequately taken these factors into account.

Key environmental legal questions:

Challenge to individual assignment of credits
Full text
Spain-Ceramica-Dolores-No-3421-2009.pdf
Website
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