Brussels sues Poland at the CJEU for preventing challenges to air quality plans

Brussels, June 18 (EFE) - The European Commission filed a complaint against Poland with the Court of Justice of the European Union (CJEU) on Wednesday, arguing that Warsaw fails to guarantee the right of individuals and environmental organizations to challenge the nonexistence or inadequacy of air quality plans, as required by European regulations.

The "full" implementation of the Air Quality Directive "is key to effectively protecting human health and safeguarding the natural environment," the EU government stressed in a statement.

The Commission noted that the directive requires Member States to adopt plans and take measures when air quality limit values ​​are exceeded, ensuring that the pollution episode is "as brief as possible."

"At the same time, under the Aarhus Convention and the EU Treaties, citizens and environmental NGOs must be able to challenge the authorities' decisions, or their lack of action, if they consider the measures taken to be insufficient," the European Executive recalled.

Adequate access to justice "facilitates the correct application of air quality standards, ensuring a high level of health protection," Brussels added.

The European Commission sent Poland a letter of formal notice in May 2020, followed by a reasoned opinion in September 2022. It considers that the efforts of the Polish authorities "have been, to date, insufficient" and has therefore decided to take the case to court, referring it to the CJEU. EFE

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