The High Court will shortly refer the case to the European Court of Justice (ECJ) in Luxembourg for a ruling on the validity of the EU law.
"The High Court decision to refer this case to the ECJ is an important step, as only the ECJ has the authority to rule on the Europe-wide directive that applies the European ETS to our airlines," said ATA vice president of environmental affairs, Nancy Young. "The unilateral extension of the EU ETS to international aviation is contrary to international law, both as an extraterritorial action and an improper tax or charge. It also clearly stands in the way of an appropriate and effective global solution."
ATA is challenging the EU directive extending the existing ETS to airlines from around the world engaged in international aviation activities.
Whilst ATA and its member airlines are committed to reducing greenhouse gas emissions, the Association's view is that the unilateral approach taken under the EU ETS not only violates critical international law principles, but also imposes costly policies on international aviation that siphon away from the airlines the very funds they need to continue to reduce their environmental impact.
ATA and its members have joined other airlines around the world in supporting a global framework for greenhouse gas measures under the International Civil Aviation Organisation (ICAO), the United Nations body charged with establishing environmental and other standards for international aviation.
"The legal case is important as a means of addressing what is wrong with the European scheme, but also as an opportunity for us to continue to pursue an approach that is appropriate for this global industry," said Young. "The US airline industry has adopted a set of measures and targets as part of the worldwide aviation industry commitment to a global framework on aviation emissions. Through this commitment, the US airlines alone will save more than sixteen billion metric tons of greenhouse gas emissions through 2050 on top of substantial savings already achieved."
IATA has already blasted the scheme, which is due to become effective in 2012, and Cathay Pacific warned that it would result in competitive distortion that would be significant for Asian airlines.
ATA brought the case on behalf of all of its members; American Airlines, Continental Airlines and United Air Lines are also participating directly as they have been designated by the European Commission as falling under UK jurisdiction.
