Poland appeals against parts of the Fit for 55 climate package

Warsaw is displeased with the increase in emissions reduction targets and diminishing free allocation

25 July 2023

Last week, Poland’s climate minister Anna Moskwa announced on her Twitter account that the country has filed a complaint against the European Union’s decision to “increase the EU greenhouse gas emissions reduction target and reduce the number of free ETS available on the market.”

According to Moskwa, the EU’s tougher climate standards “may threaten our country’s energy security, which we cannot agree to.” The complaints are part of a range of actions that will be brought before the Court of Justice of the European Union (CJEU) against EU climate policies.

On multiple occasions, Warsaw has been expressing disagreement with “the excessive burdens on society that result from the EU’s requirements for climate and environmental targets” as stated by an official within the Polish climate ministry, quoted by EURACTIV.

Furthermore, from Poland’s point of view, the entire climate package known as “Fit for 55” should have been shaped by consensus and unanimity and “not by marginalizing minority participants.” However, Poland’s legal challenge is unlikely to succeed as CJEU was reluctant to admit Poland’s similar arguments in the past.

Warsaw unsuccessfully sued the European Union in 2016 asking for an annulment of the decision regarding the introduction of the market stability reserve (MSR.) One of the arguments at that time was that MSR was adopted “in accordance with the ordinary legislative procedure although it constitutes a measure significantly affecting a Member State’s choice between different energy sources and such a decision should have been adopted by the Council unanimously.”

CJEU rejected Poland’s argument saying that “the MSR has the effect of stabilizing the market supply of allowances” and “it is not necessary to assess the alleged effects of the contested decision on the Republic of Poland’s energy mix.”