On October 8, the European Commission officially confirmed that it is referring Poland to the Court of Justice of the EU. The main reason for this decision is the failure to fulfill the obligation to submit the final updated version of its National Energy and Climate Plan.
Points of attention
The European Commission engaged in a pre-infringement dialogue with Poland in July 2024, followed by launching the infringement procedure due to the country’s failure to submit the required plan.As Poland has not fulfilled its legal obligation, the case has been escalated to the Court of Justice of the European Union, highlighting the importance of compliance with EU regulations.
The EC’s official statement says that it has decided to refer the case against Poland to the Court of Justice of the EU amid Warsaw’s failure to fulfill its obligation to submit a final updated integrated National Energy and Climate Plan (NECP).
What is important to understand is that, according to the regulation, all member states were required to submit their final updated NECPs by June 30, 2024.
The Polish authorities presented their draft plan, and in April 2024 the European Commission published a corresponding assessment, including recommendations on where the country should increase its ambitions in line with the EU’s 2030 goals.
Due to the fact that official Warsaw did not submit a final plan, the commission entered into a pre-infringement dialogue with it in July 2024.
A year ago, official Brussels decided to launch the infringement procedure by sending Poland an official notice of infringement.
As Poland has not submitted its final updated NECP, the Commission considers that the country has failed to fulfil its legal obligation and is referring the case to the Court of Justice of the European Union.
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