One million euros a day. Is Poland not picking up the penalty on purpose? | So far, the Polish authorities have not yet opened the message of the Court of Justice to impose a EUR 1 million daily fine on Poland.

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  1. Translation:

    The point is that none of the Polish authorities has so far opened the e-mail sent by the CJEU on this matter in the e-Curia system, which is used by the Member States and the European Commission to communicate with the CJEU.

    The case is important because penalties are charged from the moment of delivery of the decision, i.e. opening by the Polish authorities of the electronic mail containing the decision. Unofficially, interlocutors of the RMF FM journalist at the European Commission suspect that the Polish authorities are deliberately not picking up the parcel.

    Maybe to delay penalties? one of them wonders. As a rule, EU countries receive the delivered CJEU decision without delay. In the case of Turów, the Polish authorities collected them on the same day – September 20, and from then on, half a million euro of daily fines are charged.

    The rule is that if no one opens the parcel, after 7 days it is automatically considered that the order has been delivered. And the penalty is calculated. Theoretically, with a penalty of one million euros a day – seven days delay – that’s EUR 7 million saved.

    As the RMF FM journalist heard, the CJEU, however, has its own ways to deliver the decision within 7 days. This can be done, for example, by courier. This is when the parcel is registered in the logbook.

    The RMF FM journalist found out that the European Commission had opened the parcel, thanks to which the CJEU published yesterday’s decision. The Tribunal publishes the decision as soon as one of the parties to the proceedings confirms service of the decision. This is to prevent the parties from giving false information.

    Giant punishment
    The European Court ordered to pay Poland one million euros a day for failing to hold back, inter alia, provisions on the Disciplinary Chamber of the Supreme Court.

    “Poland, due to the fact that it did not suspend the application of national provisions relating in particular to the powers of the Disciplinary Chamber of the Supreme Court, was obliged to pay the Commission a periodic penalty payment of EUR 1,000,000 per day” – reads the CJEU’s press release.

    “Respecting the provisional measures ordered on 14 July 2021 is necessary to avoid serious and irreparable damage to the Union’s legal order and the values ​​on which the Union is founded, in particular the value of the rule of law,” added.

    The CJEU stated in the justification that, on the basis of the information provided by both parties, the vice-president of the Tribunal stated that the Polish provisions relating to the Disciplinary Chamber could still be applied in the Polish legal system.

    Daily penalties will be charged until the Disciplinary Chamber is closed and the decisions made by this Chamber against judges are canceled. If the Polish authorities fail to do so, they will have to pay EUR 1 million a day until the CJEU issues a judgment in the main case, which should be expected in a year’s time. The payment cannot be avoided, because in such a case the European Commission will reduce Poland’s funds by this amount. The money goes to the EC account.

  6. Lol, they cannot even refuse to pay the fine, as EU can simply withhold it from the Polish subsidies.

  9. >none of the Polish authorities has so far opened the e-mail sent by the CJEU on this matter in the e-Curia system

    Polish Authoritah:”hmm…dunno…maybe it’s one of those send by a Nigerian Prince?”

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