Swiss International Air Lines AG v The Secretary of State for Energy and Climate Change & Ors [2015] EWCA Civ 331 (01 April 2015)

Swiss International Air Lines AG v The Secretary of State for Energy and Climate Change & Ors [2015] EWCA Civ 331 (01 April 2015)

The scope of the external relations exception to the principle of equal treatment is not free from doubt; the CJEU must decide whether the Decision unlawfully discriminates against Switzerland and what remedies are available if so.

Source-derived case information.

Citation
[2015] EWCA Civ 331
Parties
Appellant/claimant: Swiss International Air Lines AG; Respondent/defendant: Secretary of State for Energy and Climate Change; Respondent/defendant: Environment Agency
Jurisdiction
England and Wales
Judgment Date
01 April 2015
Procedural Posture
Judicial Review / Appeal From Refusal of Permission to Apply for Judicial Review
Outcome
Appeal allowed; permission granted for judicial review; reference to CJEU ordered.
Legal Topics
Equal Treatment, Emissions Trading Scheme, External Relations, Remedies, Judicial Review
European Union Law Administrative Law Environmental Law Equal Treatment Emissions Trading Scheme External Relations Remedies Judicial Review

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Parties

Swiss International Air Lines AG

Appellant/claimant

Secretary of State for Energy and Climate Change

Respondent/defendant

Environment Agency

Respondent/defendant

Procedural Posture

Judicial Review / Appeal From Refusal of Permission to Apply for Judicial Review

Legal Issues

  1. 1 Does the EU principle of equal treatment apply to differential treatment of third countries in external relations?
  2. 2 Was Switzerland's exclusion from the ETS moratorium objectively justified?
  3. 3 What remedies are available if the Decision is invalid?

Ratio Decidendi

The scope of the external relations exception to the principle of equal treatment is not free from doubt; the CJEU must decide whether the Decision unlawfully discriminates against Switzerland and what remedies are available if so.

Court Disposition

Appeal allowed; permission granted for judicial review; reference to CJEU ordered.

Orders

  • Permission granted to Swiss to apply for judicial review of the Regulations.
  • Reference to CJEU for preliminary ruling under Article 267 TFEU on validity of the Decision and remedies.