Posts Tagged climate
Attempt in the Austrian courts to repeal air traffic tax breaks puts polluter pays and CJEU Deutsche Bahn judgment in the spotlights.
A late-ish flag to keep an eye on Greenpeace’s class-action suit filed in the Austrian courts to have the Austrian tax breaks on air traffic (tax exemption on kerosene fuel for domestic flights and a VAT exemption on international flights) lifted. It is certain to engage the Chicago Convention and the European implementation of same. The argument is inter alia that the non-exemption for rail is a form of State Aid to the airlines. I wrote on the issues in 2016, featuring T-351/02 Deutsche Bahh, arguing that the CJEU could have forced the issue then. What would be most excellent would be for the Austrian courts to refer to Luxembourg so as the CJEU may revisit the issue 14 years on from the judgment of the then Court of First Instance, in a world were many look a lot less forgivingly at the exemptions’ implications for internalising negative environmental externalities.
EU environmental law (with Leonie Reins), Edward Elgar, 2018.
BREAKING: first ever climate change case directly targeting aviation emissions, as @GreenpeaceAT asks Austria's Constitutional Court to repeal laws offering tax credits on plane fuel, alleging violation of international human rights law, Articles 2/8 ECHR.https://t.co/Bmozqd8M3b pic.twitter.com/B0p1MKGrh5
— Sam Varvastian (@SamVarvastian) February 20, 2020
Air traffic, Austria, Chicago convention, CJEU, climate, climate litigation, Curia, Deutsche Bahn, ECJ, polluter pays, public interest litigation, strategic interest litigation, T-351/02, tax breaks, why are there no taxes on flying
Liverpool have just beaten Barcelona 4-0 to reach the Champions League finals, and I am slowly making my way through marking a smallish pile of essay papers. Yet in the midst of all of this I was asked whether the Swedish language and societal phenomenon of ‘Flygskam’ has an English equivalent.
Flygskam stands for being ashamed of flying. ‘Flying shame’ is what the English speaking media seem to have come up with so far.
Embarrassment of flying, therefore. Putting an embarrassment to take to the air together, I came up with EmbAirrassment. Embairrassment might work, too.
I might be the first to do so and I hope it might, well, take off, catch on, or indeed, fly.
- Nigeria v Shell et al at the High Court. Yet more lis alibi pendens and cutting some corners on case-management. 28/05/2020
- Awendale v Pyxis. More Article 29 lis alibi pendens, with focus on ‘same cause of action’, ‘same parties’ and time limits for application. 27/05/2020
- From the archives: the professor Arnaud Nuyts study on residual jurisdiction. 26/05/2020
- The CJEU in Reliantco on’consumers’ and complex financial markets. And again on contracts and tort. 26/05/2020
- Local authority B v X: Brussels IIa and (Northern) Cypriot territory. 25/05/2020
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