Czech Republic v Poland (Mine de Turów)
Jurisdiction: European General Court
Side A: Czech Republic (Government)
Side B: Poland (Government)
Side C: European Commission (Government)
Core objectives: Whether Poland infringed Directive 2011/92 of the European Parliament and the Council on the environmental impact assessment (EIA) of certain public and private projects by adopting national legislation which allowed the competent authorities to extend the license for lignite mining without carrying out the EIA
SummaryThe case concerns the operation of the Turów lignite mine that supplies lignite to 1984 MW Turów power plant, both owned by the Polish Energy Group (PGE). Emitting almost 10 million tonnes of CO2 each year, the plant has been on EU’s list of power plants with the highest negative impact on climate for years. The axis of the dispute was admittedly the negative impact on groundwater in Czech Republic.
Form of order sought:
The applicant claimed that the Court should rule that the Republic of Poland (inter alia):
• by allowing the extension by 6 years of the development consent for the extraction of lignite without conducting an environmental impact assessment,
• by allowing the exclusion of the public concerned from the procedure for the grant of development consent for extraction activity,
• by declaring the EIA decision to be immediately enforceable,
• by failing to allow the intervention of the public concerned and of the Czech Republic in the procedure for the grant of the mining development consent until 2026,
• by failing to enable judicial review of the mining development consent granted until 2026,
• by failing to publish the mining development consent granted until 2026, has failed to fulfil its obligations under Directive 2011/92.