In re Cerámica Hermanos Fernández S.L., Judgment No. 6947/2008 of Dec. 3, 2008 Country/Territory Spain Date Dec 1, 2008 Source UNEP, InforMEA Court name Supreme Court of Spain Seat of court Administrative Litigation Division Reference number Appeal No. 315/2005 Abstract Cerámica Hermanos Fernández S.L. brought suit against the General Government Administration of Spain challenging the decision of the Council of Ministers of Spain of January 21, 2005 approving an individual assignment of emissions credits to its facility. The court denied Cerámica’s petition. It rejected petitioner’s argument that the Council’s decision had violated its right of free enterprise because individual assignments were not being based on objective criteria, and that its particular assignment should have been based on the facility’s production capacity, as opposed to its actual production.Key environmental legal questions:Challenge to individual assignment of emissions Full text Spain-Ceramica-Hermanos-6947-2008.pdf Website climatecasechart.com