Tomorrow the European Court of Justice will issue a preliminary ruling on a request by US airlines for non-European carriers to be excluded from the EU scheme. European airlines have warned there will be a backlash if foreign carriers are exempt from the EU Emissions Trading Scheme rules. If the ECJ finds the US carriers have a case, European airlines are likely to seek to get the scheme amended as it would unfairly penalise European operators. From January 2012, airlines are due to join utilities and manufacturers in the EU ETS where they will pay to exceed certain carbon emission limits. Last week more than 20 non-EU countries issued a joint declaration saying that the EU only has the right to apply the scheme to airlines in its 27 member states.