In its judgment delivered yesterday, the Court of Justice has confirmed the validity of the European Union directive that includes aviation activities in the emissions trading scheme (ETS). The Court refutes the argument brought by A4A and other US airlines that the ETS contravenes Open Skies agreements, stating: “The directive is not intended to apply as such to aircraft flying over the high seas or over the territory of the Member States of the EU or of third States. It is only if the operators of such aircraft choose to operate a commercial air route arriving at or departing from

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