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The court decision widens debate over how the EU measures aviation emissions and leaves regulators with unresolved questions about sustainable private flight classification.
On 24 June, the General Court of the European Union ruled that the production of private jet aircraft cannot be excluded from the list of environmentally sustainable activities, annulling the European Commission’s decision.
Key points of the ruling
- The challenged list, the so-called sustainable finance taxonomy, aims to provide investors with an overview of “green” investments.
- In 2023, the Commission excluded private or business aviation aircraft from this list, citing CO2 emissions per passenger-kilometre compared with other modes of transport.
- The decision was challenged by the French aircraft manufacturer Dassault Aviation, which called it unlawful.
- The General Court noted that other modes of transport should not always be treated as low-carbon alternatives due to the particular features of private aircraft, such as flexibility, speed and connectivity.
- It also noted that the CO2 assessment concerns aircraft operation, not their production.
- The court noted that the Commission did not consider the possibility of using private jets with sustainable fuel.
- The Commission may appeal within two months.
The ruling could influence the ongoing regulatory assessment of the aviation sector’s environmental sustainability and leaves room for further regulator consideration of how exactly to classify private aircraft manufacturing within the EU’s environmental policy.
