In its judgment delivered yesterday, the Court of Justice has confirmed the validity of the European Union directive that includes aviation activities in the emissions trading scheme (ETS).
The Court refutes the argument brought by A4A and other US airlines that the ETS contravenes Open Skies agreements, stating: “The directive is not intended to apply as such to aircraft flying over the high seas or over the territory of the Member States of the EU or of third States. It is only if the operators of such aircraft choose to operate a commercial air route arriving at or departing from an airport situated in the EU that they are subject to the emissions trading scheme.
Adding: “In this context, application of the emissions trading scheme to aircraft operators infringes neither the principle of territoriality nor the sovereignty of third States, since the scheme is applicable to the operators only when their aircraft are physically in the territory of one of the Member States of the EU and are thus subject to the unlimited jurisdiction of the EU.”
The US State Department spokeswoman, Victoria Nuland, said: "We are disappointed by the decision of the court.
"Our message to the European Union has been very, very consistent: that there are mechanisms in international aviation in ICAO for addressing the question of greenhouse gas emissions and that's where these things should be talked about."