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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