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Friday, October 22, 2021

Turów mine – the CJEU penalty is applied from Monday

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The decision of the Court of Justice of the European Union (CJEU) in the Turów case was received by the Polish government on Monday, according to information provided to TVN24 by the Government Information Center. The time to read the document is crucial when calculating the penalty.

The CJEU announced on Monday that due to the continued operation of lignite mining in the Turów mine, Poland was obliged to pay to the European Commission a fine of EUR 500,000 per day, i.e. the equivalent of PLN 2.3 million. The Court explained that “such a measure must be considered necessary to strengthen the effectiveness of the interim measure ordered by the order of 21 May 2021”.

The decision on penalties was sent to the e-curia electronic document circulation system. On Monday, it was picked up by the Polish government – as reported by TVN24 by the Government Information Center. This means that a fine of 500,000 should be calculated from Monday. euro a day.

The dispute over Turów. Commentary by the Prime Minister and the spokesperson of the European Commission

Prime Minister Mateusz Morawiecki stated Tuesdaythat the Polish government will not shut down the Turów complex; and the decision to impose a penalty is lacking in adequacy and proportionality. As he added, “we will see” whether Poland will have to pay fines.

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– We will use all legal and other possibilities to show the absolute disproportionate nature of the decision – said the head of government. Asked if he could imagine deducting the penalty from EU funds, Morawiecki replied: “We have just shown PLN 80 billion more in the budget”.


On Tuesday, the EC spokesman, when asked about the Turow issue, said that the EC would ask Poland to pay the fines. – As part of the regular payments to the EU budget, Poland will have to pay funds. I’m sure if they don’t pay, of course there are possibilities for action by the European Commission Eric Mamer said.

The Turów mine – what is the conflict about?

In February this year. Czech authorities have brought a complaint to the Court of Justice in relation to the Turów lignite mine. In their opinion, the expansion of the Polish mine threatens, inter alia, access to water in the Liberec region. In May, as a precautionary measure, an EU court ordered the mine’s mining operations to be stopped immediately pending a ruling.

The Polish government in response to the CJEU decision informed that he would not close the Turów mine. In addition, in his position, he stressed that the cessation of coal mining in Turów “would have negative effects on energy security for millions of Poles and for the entire European Union”, and the closure of the mine “would also mean huge problems for everyday life”.

Lignite mines in Poland, the Czech Republic and GermanyPAP / Adam Ziemienowicz

Negotiations with the Czech side regarding the Turów mine have been conducted for several months. The government in Prague sent Poland the first version of the contract for the Turów mine in mid-June. The Czech Minister of the Environment, Richard Brabec, announced the sending of the project. As he said, the document contains conditions that the Czechs demanded to meet before and after the withdrawal of the claim from the CJEU. However, the details of the project sent to Warsaw have not been disclosed.

The Turów mine and power plant are owned by PGE Górnictwo i Energetyka Konwencjonalna, part of PGE Polska Grupa Energetyczna.


Main photo source: Andrzej Stefańczyk / TVN24

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