Air Transport Association of America and Others v Secretary of State for Energy and Climate Change (C-366/10)

Judgment of 21 Dec 2011

law://eu/cjeu/2010/c-366-10/para_107@2026-11-13

107The principles of customary international law mentioned in paragraph 103 of the present judgment may be relied upon by an individual for the purpose of the Court’s examination of the validity of an act of the European Union in so far as, first, those principles are capable of calling into question the competence of the European Union to adopt that act (see Joined Cases 89/85, 104/85, 114/85, 116/85, 117/85 and 125/85 to 129/85 Ahlström Osakeyhtiö and Others v Commission [1988] ECR 5193, paragraphs 14 to 18, and Case C-405/92 Mondiet [1993] ECR I-6133, paragraphs 11 to 16) and, second, the act in question is liable to affect rights which the individual derives from European Union law or to create obligations under European Union law in his regard.

Air Transport Association of America and Others v Secretary of State for Energy and Climate Change (C-366/10)

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