Lawsuits and decisions

© Swetlana K. / pixelio.de

On 31 January 2012 the European Commission filed a complaint to the Court of Justice of the European Union, where it accused Poland of failing to transpose into national legislation and bring into force all the necessary provisions required by the CAFE Directive. At the same time the European Commission filed a motion to impose a temporary financial penalty on Poland of EUR 71,521.38 a day. As Poland informed the European Commission that the Directive had been transposed, the Commission withdrew the complaint in case C-48/12. As a result, on 8 January 2013, the President of the Court ordered that the case be removed from the register. Moreover, the European Commission decided to institute infringement proceedings with regard to the zones where limit values for PM10 were exceeded and for which derogations were not granted due to the Commission’s reservations with respect to the notifications submitted by Poland. The proceedings were initiated on the basis of Article 258 or 260 of the Treaty on the Functioning of the European Union (former Article 226 and 228 of the TEC) and are in progress (infringement No 2008/2199).

On 10 December 2015 EU Comission decided to refer Poland to the Court of Justice of the EU over persistently high levels of dust particles that risk public health. The daily limit values for PM10 have been exceeded in 35 out of 46 air quality zones since years. Additionally, in nine zones the annual limit values als have been exceeded. The PM10 pollution is predominantly caused by household heating. This step follows an additional reasoned opinion which was sent to Poland in February 2015.