European Court of Justice

Michael Wukoschitz's picture

Germany: new reference for ECJ preliminary ruling regarding Reg. 261/2004

On Nov. 25, 2011, the German Amtsgericht Düsseldorf has filed a motion for preliminary ruling to the ECJ regarding the follwoing issue:

Michael Wukoschitz's picture

European Court of Justice: The directive including aviation activities in the EU’s emissions trading scheme is valid

In today's judgement in Case C-366/10, the Court of the European Union held that the directive including aviation activities in the EU’s emissions trading scheme is valid and application of the emissions trading scheme to aviation infringes neither the principles of customary international law at issue nor the Open Skies Agreement.

Michael Wukoschitz's picture

Austria: new reference for ECJ preliminary ruling regarding rail passenger rights

On Sep. 8, 2011 the Austrian Adminstrative Court (VwGH) has filed a reference for preliminary ruling of the Court of the European Union with regard to Reg. (EC) 1371/2007 on Rail Passengers' Rights and Obligations. The referring court wants to know whether

Michael Wukoschitz's picture

USA: House approves European Union Emissions Trading Scheme Prohibition Act

On October 24, 2011, the United States House of Representatives approved H.R. 2594, the “European Union Emissions Trading Scheme Prohibition Act". If passed by the Senate and signed by the President, the bill would force the Department of Transportation to bar U.S. airline operators from complying with the European Union’s Emissions Trading Scheme (ETS).

Michael Wukoschitz's picture

ECJ Advocate General delivers opinion on EU Emissions Trading Scheme

The EU Emissions Trading Scheme Directive (2003/87/EC) established a scheme for greenhouse gas emission trading within the European Union. In 2008 the European Parliament and the European Council adopted the EU Aviation Emissions Trading Scheme Directive (2008/101/EC) to bring aviation activities within the scope of the EU scheme. Under the latter directive, from January 1 2012, all aircraft that arrive or depart from EU airports will be subject to a cap on their carbon dioxide emissions.

Michael Wukoschitz's picture

Germany: yet another reference for preliminary ruling challenging "Sturgeon"

In a reference for a preliminary ruling from the Landgericht Köln lodged on 5 August 2011 the ECJ is asked the following question:

Stephan Keiler's picture

Interesting case! Preliminary Ruling: ECJ C-410/11

Preliminary ruling before ECJ lodged by Audiencia Provincial de Barcelona (national reference: QP/07238-A9, decision as of June 15, 2011): C-410/11 (Pedro Espada Sánchez ea/Iberia) Questions referred (1)    Must the limit of 1 000 Special Drawing Rights per passenger, laid down in Article 22 of the Montreal Convention for the Unification of Certain Rules for International Carriage by Air, concerning the liability of the carrier in the case of destruction, loss or damage of baggage, considered in conjunction with Article 3(3) of that convention, be interpreted as a ma

Michael Wukoschitz's picture

Portuguese court next to seek clarification of the "Sturgeon" judgement

On 8 July 2011, the Tribunal de Pequena Instância Cível de Lisboa (Portugal) lodged a reference for prelimiary ruling of the ECJ  questioning the "Sturgeon" judgement of the Court as follows:

Michael Wukoschitz's picture

Spain: another reference for preliminary ruling concerning Reg. 261/2004

On 28 June 2011, Juzgado de lo Mercantil de A Coruña (Spain) lodged a reference for preliminary ruling of the ECJ with regard to the following question:

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