Comment on the Case C-366/10, Air Transport Association of America and Others v. Secretary of State for Energy and Climate Change

Abstract

On December 11, 2011, the Court of Justice of the European Union ruled on Case C-366/10, Air Transport Association of America, American Airlines Inc., Continental Airlines Inc., United Airlines Inc. v. Secretary of State for Energy and Climate Change. The Court was asked to give preliminary ruling on the validity of Directive 2008/101 on the aviation activities in the scheme for greenhouse gas emission allowance trading within the Community. The decision is important in that it highlights the nature and scope of the European Union’s obligation to observe the rules of international law. Moreover, the judgment is a fundamental contribution to clarify whether and to what extent individuals are entitled to rely in court on principles of customary international law in order to challenge an act of the Union.