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Mebrom NV v Commission of the European Communities.

Country/Territory
European Union
Type of court
International court
Date
May 22, 2007
Source
UNEP, InforMEA
Court name
European Court of First Instance
Seat of court
Luxembourg
Judge
Pirrung, President, J.
Forwood, N.J.
Papasavvas, S.
Reference number
T-216/05
Language
English
Subject
Air & atmosphere, Environment gen.
Keyword
Air quality/air pollution International trade Hazardous substances Ozone layer Climate change
Abstract
Where the Commission had changed the system of import quotas for methyl bromide, a pesticide which depleted the ozone layer, providing that fumigators, rather than importers, should request authorisation to import or produce methyl bromide, before requesting importers to import the amount of methyl bromide granted under the licence, the new system constituted a lawful application of Council and European Parliament Regulation (EC) 2037-2000 (on substances that deplete the ozone layer). The regulation did not oblige the Commission to grant a quota directly to the applicant, an importer of methyl bromide. The new system did not constitute a restriction on the freedom to trade, since the applicant was not obliged to cease trading. Even if the new system were to be regarded as a restriction, the general interest pursued by the Community was the protection of the ozone layer and any restriction there might be was justified by the fact that it was imposed in application of the regulation, with which it was consistent.
Full text
COU-157023.pdf
Website
curia.europa.eu