Foreign airlines can be required to pay for their carbon pollution in the European Union, an adviser to the bloc’s top court has found, dealing a setback to a legal challenge from US carriers.
The opinion, issued on Thursday by an adviser to the European Court of Justice in Luxembourg, marks a potentially decisive turning point in the EU’s effort to include the aviation industry in its carbon emissions trading system from January.
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Two US airlines – United Continental and American Airlines – challenged the legality of an EU plan to make carriers pay for emissions generated by flights that take-off or land in the 27-member bloc. The airlines, supported by the US Air Transport Association, an industry body, objected to the inclusion of non-EU airlines in the EU emissions trading scheme.
In a highly anticipated interim opinion, Juliane Kokott, the ECJ’s advocate-general, cast aside most of the US airlines’ arguments. “EU legislation does not infringe the sovereignty of other states or the freedom of the high seas guaranteed under international law, and is compatible with the relevant international agreements,” Ms Kokott concluded.
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