Czech Republic suggests penalty for Poland for further extraction in Turów

The Czech Republic asked the Court of Justice of the European Union (CJEU) to impose a daily EUR 5 mln penalty on Poland for not having immediately ceased the lignite mining activities in the Turów coal mine located on the Czech border,” the CJEU announced on Tuesday.

Polish delegation heads for Czech Republic to discuss contested mine deal

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On May 21, the CJEU agreed with the Czech’s motion and ordered Poland instant suspension of extraction in Turów until the substantive settlement of the dispute for this mine.

“Poland is obliged to immediately stop the extraction of brown coal in the Turów Mine. The allegations raised by the Czech Republic regarding the factual and legal status justify the ordinance of the temporary measures requested,” said the vice-president of the Tribunal Rosario Silva de Lapuert.

The Mine and the Turów Power Plant is owned by PGE Mining and Conventional Energy, which is part of PGE (Polish Energy Group). In 2020, the Polish Climate and Environment Minister Michał Kurtyka extended the concession to extract coal in the Turów mine for the next six years, until 2026.

At the end of February, the Czech Republic brought a complaint against CJEU against Poland on the expansion of the mine together with the request for the application of the so-called provisional measures, which meant an order to stop mining.

The Minister of the Czech Republic Richard Brabec explained that the lawsuit is essential for the protection of Czech citizens, because Poland,in his opinion, did not meet the Czech Republic’s postulates related to environmental protection. He also announced that conversations with Poland will continue, but the Czech Republic treats the current mining in Turów as illegal.

Jacek Sasin (State Assets Minister), Michał Kurtyka (Climate and Environment Minister), Zbigniew Rau (Foreign Minister) and Konrad Szymański (European Affairs Minister) were obliged to “take increased cooperation and all possible actions to terminate the dispute with the Czech Republic in accordance with the political interest of Poland.”

These activities are in particular concerning the strategy of proceedings before the CJEU, including the exercise of existing and future provisions, as well as the judgment, and the dissolution of the dispute with the Czech Republic.