The team of lawyers from Leaua & Associates won, in first court, for the Ministry of Environment and Forests, the suit launched against the Ministry and the Government by the cement industry operators, with stakes of 40 million euros, having as object the approval of another extra 2 million certificates for emissions of gases with greenhouse effect in the 2008-2012 period.
The national Plan for approving certificates for emissions of gases with greenhouse effect was suggested to the European Commission by the Romanian Government, because of the obligations that the member states have. After being approved by the European Commission, the plan was integrated in the national legislation for the years 2007 and 2008-2012, through the Governmental Decision no. 60/2008. The cement industry operators felt din Decision was detrimental to them and asked that it would be supplemented with another extra 2 million certificates for emissions of gases with greenhouse effect in the 2008-2012 period.
“The impact of this trial can be seen, on one side, in the relation between Romania and the European Commission regarding the national Plan for approving certificates for emissions of gases with greenhouse effect, and, on the other side, in the price of a certificate that rose from 6 euros in 2008 to 18 euros in 2011” said Gheorghe Matei, partner and coordinator of the fiscal law department at Leaua & Associates, who represented in court the Ministry of Environment and Forests.
“For the litigations team at Leaua & Associates the Bucharest Appeal Court’s decision came after their efforts to substantiate the Ministry of Environment and Forests position on this complex matter, because of it’s technical aspects but also of the judicial problematic that involved national law, but also EU law” said, Aurora Damcali, managing partner at Leaua & Asociaţii, the coordinator of the team of lawyers that prepared the defense in this case.
Law firm Leaua & Associates has a vast experience, accumulated in over 7 years of practice in legal counseling on matters regarding environment law, the approval of authorizations in areas like nuclear energy, mining and natural resources, certificates for emissions of gases with greenhouse effect, judicial aspects regarding hunting and the use of annual funds for forest administration.