Private jets and sustainability: Commission accepts rejection of measure favouring the wealthy

Brussels – Sustainable transition: following its defeat in court, the Commission does not intend to defend the “rich-saving” rule that excluded private jets from CO₂ emission reduction efforts. It is the Commissioner for Financial Services, Maria Luis Albuquerque, who ruled out an appeal against the judgment of the Luxembourg judges: “In the light of the sound reasoning of the General Court in its judgment, the Commission
considers that an appeal would most probably not be successful.” The response provided by Albuquerque in the parliamentary question on this matter is an admission of fault and confirmation that the EU executive acted hastily and haphazardly.

As part of implementing the European Green Deal for a sustainable economic transition, the first von der Leyen Commission exempted private jets from the sustainability rules, thereby excluding the industry and its aircraft from efforts to reduce environmental impact. However, according to the EU General Court, there was no explanation of the reasoning. The part of the regulation at issue was annulled, and the Court established the principle that the private‑jet sector cannot be excluded a priori from EU sustainability rules.

The Commission takes note of this and will waive its right to appeal. Albuquerque’s words suggest a decision driven more by the realisation of defeat than by the principles underlying the choices of the previous von der Leyen Commission; indeed, work is already underway to rewrite the legislation to satisfy everyone – the wealthy and the judges in Luxembourg alike. The Commission, Albuquerque states, “will aim to
reintroduce a new Section” on private jets as part of the ongoing revision of the delegated regulation “in a manner that complies with the General Court’s judgment and ensures that the
criteria remain robust and consistent with the objectives of the Taxonomy Regulation.” In short: the aim is to clarify more precisely when private jets may be exempted from sustainability requirements.