NautaDutilh successfully represented the Brussels-Capital Region before the Constitutional Court in its action to set aside the Flemish decree on CO² emmissions trading for aviation activities. The decree transposed Community Directive 2008/101/EC of 19 November 2008 in the Flemish Region.
The Constitutional Court found that the Flemish Region had exceeded its powers, as the decree is not limited to emissions occuring in Flemish airspace. Indeed, the decree also covers emissions occuring in the airspace of Belgium's other regions, over the maritime area for which the federal goverment is responsible, and even in the airspace of other EU and non-EU member states. Consequently, the Constitutional Court decided to revoke the Flemish decree in full.
The Court further found that the powers of the federal government and of the regions to transpose Directive 2008/101/EC and to regulate CO² emmissions trading for aviation activities are interconnected to such an extent that they can only be exercised by means of a cooperation agreement. However, until such an agreement becomes effective or 31 December 2011 at the latest, the effects of the decree will be maintained.
NautaDutilh's team consists of François Tulkens, Patrick Peeters, Heidi Bortels and Nicolas Bonbled.