Richard Macrory's legal commentary: ECJ rejects UK’s attempt to exclude smelter from EU emissions directive

The judgment on Alcan’s Lynemouth aluminium smelter reinforces the strict approach to environmental directives taken by the European Court of Justice

Richard MacroryThe European Court of Justice (ECJ) has rejected the UK’s claim that it was entitled to exclude a major aluminium smelter from the ambit of the 2001 Large Combustion Plant Directive.

The decision, anticipated in the Opinion of the Advocate-­General given at the end of last year (ENDS Report 419, p 25), underlines the court’s restrictive approach to interpreting exemptions contained in environmental directives.

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