The European Court of Justice has ruled that mining at Poland’s sprawling Turów coal mine must cease while the court processes a Czech government lawsuit against Poland for illegally operating the mine. The Polish mine pushes right up to the Czech and German borders and is depleting people’s water supplies and undercutting houses in nearby communities.
The Czech Republic filed the lawsuit in response to Poland’s decision to grant Turów a licence extension to 2026, and PGE’s request for a further licence extension to 2044, which was subsequently approved by the Polish government despite the absence of a proper public consultation or environmental impact assessment as required by EU law [1]. The mine is located in Poland’s Bogatynia region and is endangering access to safe drinking water for thousands of families on the Czech side of the border and causing subsidence that could damage houses around the German city of Zittau [2]. PGE plans to extend the mine to within 70 metres of the Czech border in 2022.
“The licence for Turów was prolonged illegally, and has emboldened PGE to such an extent that it thinks it can ram through a second licence extension for Turów to 2044 without even stopping to answer for its previous transgressions,” said Petra Urbanová, Lawyer at Frank Bold. “This ruling shows that the European Court of Justice has no intention of playing along with PGE’s games. The court has rightly acted to prevent a further escalation of the crisis while the Czech Republic’s case is heard. We expect the court to take the same firm approach when it delivers its final ruling.”
In a further twist to the Turów crisis, the European Commission has confirmed that Poland’s Bogatynia region will miss out on EU Just Transition Funds because the Polish government has extended the license for Turów mine beyond 2030 [3]. Poland is banking on being the biggest beneficiary of the 17.5 billion euro EU Just Transition Fund [4], but Polish coal communities risk missing out on these vital funds if PGE and the Polish government refuse to plan to exit coal.
“The court’s ruling must be a wake-up call: the European Commission needs to use its power to persuade Poland to respect EU laws, phase out coal, and ensure a just transition for coal regions and communities. They cannot let impacted communities in Poland, the Czech Republic and Germany pay the price for their inaction” said Riccardo Nigro, campaign coordinator on coal combustion and mines at the European Environmental Bureau.
“This ruling is a welcome reprieve for people living on the front line of this crisis, who have been forced to live with the mine gulping their drinking water and undercutting their houses. The message for polluters like PGE is clear: the rules are the same for everyone, and they are there to protect everyone. There are no exceptions,” said Kathrin Gutmann, Europe Beyond Coal campaign director.
Petra Urbanová, Lawyer, Frank Bold (English, Czech)
petra.urbanova@frankbold.org, +420 778 777 164
Riccardo Nigro, Campaign Coordinator on coal combustion and mines, European Environmental Bureau (English, Italian)
riccardo.nigro@eeb.org, +32 473 26 38 83
Kathrin Gutmann, Campaign Director, Europe Beyond Coal (German, English)
kathrin@beyond-coal.eu, + 49 (0) 1577 836 3036
Alastair Clewer, Communications Officer, Europe Beyond Coal (English)
alastair@beyond-coal.eu, +49 176 433 07 185
As part of the reform of the EU Non-Financial Reporting Directive, the European Commission plans to develop mandatory EU sustainability reporting standards. The analysis of the non-financial reports of 1000 European companies by the Alliance for Corporate Transparency has proven how companies fail to report relevant, specific and comparable information. While this is true for all sustainability matters, it is particularly exacerbated in the case of corporate impacts and risks along the supply chain.
Local groups and NGOs including Frank Bold, that is very active in the process, welcomed the Czech government’s decision to file a lawsuit at the European Court of Justice against the Polish government for the illegal operation of the Turów lignite coal mine, which has been dug right up to the Czech and German borders, damaging local water supplies for nearby communities. This is the first such legal case for the Czech Republic and the first in EU’s history where one member state sues another for environmental reasons.
Meeting the goal of the European Green Deal to achieve no net GHG emissions by 2050 requires at least half trillion euros of additional investments in the EU every year and will involve significant market and regulatory changes targeting every sector of the economy. This will profoundly change how companies and their directors need to integrate sustainability concerns in their strategies and business decisions.
