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NOx Emission Trading Rights: A Government Gift or Value Created by Undertakings?

Piet Jan Slot


This article comments on the Dutch NOx trading scheme dispute, i. e. Cases C-279/08P, Commission v. Netherlands, and T-233/04, Netherlands v. Commission and highlights a number of failings in the Commission’s and the ECJ’s assessments of this emissions trading scheme, which make the resulting case law quite unsatisfactory.

I. Introduction The judgments in the NOx case concern a Dutch measure establishing an emission trading scheme for nitrogen oxide


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