Solvay Sodi AD operating the biggest factory for soda ash in Europe, engaged BOYANOV & Co. in relation to the application of EU Directive 2003/87 on greenhouse gas emission allowance trading within the Community (the “ETS Directive”). In particular appeals have been filed against respective acts concerning Solvay Sodi’s installations, of the National Allocation Table on Free Greenhouse Gas Emission Allowances for 2013 – 2020, and against the annual allocations for the years 2013, 2014, 2015 and 2016. All appeals are grounded on arguments that the EU Commission Decision 2013/448/EU of 5 September 2013 on the national implementation measures for the transitional free allocation of greenhouse gas emission allowances is invalid, thus all subsequent Bulgarian national acts based on that Decision, are illegal. Claiming the invalidity of the CSCF Decision, BOYANOV & Co. requested the judges hearing the respective cases to refer the matter to the CJEU competent to rule on the validity of acts of the EU Commission (Art. 267 of the TFEU). Meanwhile a Spanish court has referred its case to the CJEU to rule on the claimed invalidity of the said Decision and all pending cases of Solvey Sodi in Bulgaria (as in Spain and other EU member states) are currently stayed.
BOYANOV & Co.’s team on the deal is led by Kina Chuturkova, Partner.