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Société Arcelor Atlantique et Lorraine and Others v. France

No. 287110, ILDC 739 (2007)

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Société Arcelor Atlantique et Lorraine and Others v. France

France Council of State
No. 287110, ILDC 739 (2007)

Facts

A 2003 European Community (EC) directive provided regulations relating to greenhouse-gas emissions and trade within the EC. France (defendant) adopted the directive by decree, but it applied the new law against steel companies and not against aluminum and plastic manufacturers, the steel companies’ competitors. The steel companies, acting through the Société Arcelor Atlantique et Lorraine and others (the steel companies) (plaintiffs) asked the France Council of State—France’s highest administrative court—to repeal the decree based on the principle of equal treatment. France contended that the greenhouse emissions from the steel companies were markedly more significant than those of the other industries and, therefore, were not on equal footing.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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