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High Court of England and Wales rules emissions allowances to be treated as property

  • McDermott Will & Emery
  • -
  • United Kingdom
  • -
  • February 13 2012

Following a decision of the High Court of England and Wales in Armstrong DLW GmbH v Winnington Network Ltd 2012 EWHC 10 (Ch) the legal status of European Union Allowances (EUAs) traded under the EU Emissions Trading Scheme (EU ETS), has now been clarified, with the Court holding that EUAs should be classed as intangible property under English law