Swiss International Air Lines AG v The Secretary of State for Energy and Climate Change & Ors

Swiss International Air Lines AG v The Secretary of State for Energy and Climate Change & Ors

The scope of the external relations exception to the EU principle of equal treatment is not free from doubt; the exclusion of Switzerland from the emissions trading moratorium may not be objectively justified. The appeal is allowed, permission for judicial review granted, and questions referred to the CJEU for a preliminary ruling.

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 High Court, Permission to Apply for Judicial Review Granted, Reference to CJEU Ordered
Outcome
Appeal allowed, permission to apply for judicial review granted, reference to CJEU ordered.
Legal Topics
Equal Treatment Principle, External Relations, Emissions Trading Scheme, Judicial Review, Remedies for Breach of EU Law
European Union Law Administrative Law Environmental Law Equal Treatment Principle External Relations Emissions Trading Scheme Judicial Review Remedies for Breach of EU Law

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 13 Party arguments 2 Amounts and remedies 1
Sign in to unlock

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 High Court, Permission to Apply for Judicial Review Granted, Reference to CJEU Ordered

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 emissions trading moratorium objectively justified?
  3. 3 What remedies are available if the principle was breached?

Ratio Decidendi

The scope of the external relations exception to the EU principle of equal treatment is not free from doubt; the exclusion of Switzerland from the emissions trading moratorium may not be objectively justified. The appeal is allowed, permission for judicial review granted, and questions referred to the CJEU for a preliminary ruling.

Court Disposition

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

Orders

  • Permission to apply for judicial review granted to Swiss.
  • Questions referred to the CJEU under Article 267 TFEU regarding equal treatment and remedies.