On 28 April 2016 the Court of Justice of the European Union delivered its judgment in which it finds that the calculation of the cross sectoral correction factor applied to determine free allocations in the period 2013 to 2020 for thousands of industrial installations in the EU Emission Trading System has to be modified. As a consequence, the Court has invalidated the relevant parts of the Commission Decision taken in September 2013.
The Court furthermore declares that the judgment will not be effective until 10 months from 28 April 2016 to enable the Commission to adopt the necessary measures in the meantime.
The Commission takes note of the Court's judgment and will work diligently to implement it to reduce the uncertainties created by the ruling as to the free allocation for industry in the coming years.
The Commission furthermore emphasises that the fixed auction share proposed for phase 4 of the EU ETS limits such uncertainty beyond 2021.
- 29 April 2016
- Generaldirektoratet for Klima