Poland’s legal challenges against carbon emission targets, published in OJ

Today, official publication have  been made of four actions for annulment brought by Poland against pivotal European Union regulations aimed at addressing carbon emissions: Republic of Poland v European Parliament and Council of the European Union (Cases C-442/23; C-444/23; C-445/23 and C-451/23).  

The four cases share common themes that underscore Poland’s legal contentions. A central point of contention is the alleged violation of Article 192(2)(c) TFEU, which mandates unanimity in the Council for certain decisions. Poland contends that despite the far-reaching impacts of the contested regulations on member states’ energy sources and broader energy supply structure, the regulations were not adopted in accordance with this provision.

1.   In Case C-442/23, Poland claims that the Court should annul in its entirety, Regulation (EU) 2023/839 of the European Parliament and of the Council of 19 April 2023 amending Regulation (EU) 2018/841 as regards the scope, simplifying the reporting and compliance rules, and setting out the targets of the Member States for 2030, and Regulation (EU) 2018/1999 as regards improvement in monitoring, reporting, tracking of progress and review. Poland argues that the defendant institutions breached Article 192(2)(c) TFEU by not basing the contested regulation on unanimity in the Council. Poland contends that the regulation significantly impacts the country’s choice of energy sources and energy supply structure. The nation further asserts violations of the principle of conferral of powers, challenges regarding forestry matters, proportionality, and equality of member states.
2. In Case C-444/23, Poland raises concerns about the economic, social, and employment repercussions of Regulation (EU) 2023/851 of the European Parliament and of the Council of 19 April 2023 amending Regulation (EU) 2019/631 as regards strengthening the CO2 emission performance standards for new passenger cars and new light commercial vehicles in line with the Union’s increased climate ambition. Poland alleges that the EU legislature failed to fulfill its obligations to promote the well-being of member states’ citizens, social justice, economic growth, and cohesion. The impact assessments accompanying the proposed regulations are deemed inadequate.
3. In Case C-445/23, Poland contends that the Decision (EU) 2023/852 of the European Parliament and of the Council of 19 April 2023 amending Decision (EU) 2015/1814 as regards the number of allowances to be placed in the market stability reserve for the Union greenhouse gas emission trading system until 2030, jeopardizes its energy security by not considering the interests of individual member states affected by emission reduction targets. Additionally, Poland alleges violations of obligations to promote well-being, social cohesion, and accurate impact assessments.
4. Finally, in Case C-451/23, Poland asserts that increased greenhouse gas emission reduction targets disregard the principle of energy solidarity and breach proportionality. The nation alleges that the Regulation (EU) 2023/857 of the European Parliament and of the Council of 19 April 2023 amending Regulation (EU) 2018/842 on binding annual greenhouse gas emission reductions by Member States from 2021 to 2030 contributing to climate action to meet commitments under the Paris Agreement, and Regulation (EU) 2018/1999 fail to accurately reflect current conditions and capacities of member states, consequently violating the principle of sincere cooperation.

Access the official publications here.