# C_2023304EN.01001801.xml

| 28.8.2023 | EN | Official Journal of the European Union | C 304/18 |
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28.8.2023

EN

Official Journal of the European Union

C 304/18

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Action brought on 18 July 2023 — Republic of Poland v European Parliament and Council of the European Union

(Case C-451/23)

(2023/C 304/21)

Language of the case: Polish

Parties

Applicant: Republic of Poland (represented by: B. Majczyna, acting as Agent)

Defendants: European Parliament and Council of the European Union

Form of order sought

The applicant claims that the Court should

| — | annul, in its entirety, Regulation (EU) 2023/857 of the European Parliament and of the Council of 19 April 2023 amending Regulation (EU) 2018/842 on binding annual greenhouse gas emission reductions by Member States from 2021 to 2030 contributing to climate action to meet commitments under the Paris Agreement, and Regulation (EU) 2018/1999; (1) |
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annul, in its entirety, Regulation (EU) 2023/857 of the European Parliament and of the Council of 19 April 2023 amending Regulation (EU) 2018/842 on binding annual greenhouse gas emission reductions by Member States from 2021 to 2030 contributing to climate action to meet commitments under the Paris Agreement, and Regulation (EU) 2018/1999; (1)

| — | order the European Parliament and the Council of the European Union to pay the costs. |
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order the European Parliament and the Council of the European Union to pay the costs.

Pleas in law and main arguments

| 1. | Plea alleging infringement of Article 192(2)(c) TFEU
  In Poland’s view, the defendant institutions have infringed Article 192(2)(c) TFEU by failing to adopt the contested regulation on the basis of that Treaty provision, which requires unanimity in the Council, despite the fact that the contested regulation significantly affects a Member State’s choice between different energy sources and the general structure of its energy supply. |
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1.

Plea alleging infringement of Article 192(2)(c) TFEU

In Poland’s view, the defendant institutions have infringed Article 192(2)(c) TFEU by failing to adopt the contested regulation on the basis of that Treaty provision, which requires unanimity in the Council, despite the fact that the contested regulation significantly affects a Member State’s choice between different energy sources and the general structure of its energy supply.

| 2. | Plea alleging breach of the principle of energy solidarity laid down in Article 194(1)(b) TFEU
  In Poland’s view, the defendant institutions have infringed Article 194(1)(b) TFEU by increasing to 40 % the Union greenhouse gas emission reduction target and the Member States’ individual reduction targets — an act which threatens Poland’s energy security — in view of the fact that no account has been taken of the interests of individual Member States that are liable to be affected and the fact that their interests have not been weighed against the interests of the Union. |
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2.

Plea alleging breach of the principle of energy solidarity laid down in Article 194(1)(b) TFEU

In Poland’s view, the defendant institutions have infringed Article 194(1)(b) TFEU by increasing to 40 % the Union greenhouse gas emission reduction target and the Member States’ individual reduction targets — an act which threatens Poland’s energy security — in view of the fact that no account has been taken of the interests of individual Member States that are liable to be affected and the fact that their interests have not been weighed against the interests of the Union.

| 3. | Plea alleging breach of the principle of proportionality laid down in Article 5(4) TEU
  In Poland’s view, the defendant institutions have acted in breach of the principle of proportionality by increasing to 40 % the Union greenhouse gas emission reduction target and the Member States’ individual reduction targets on the basis of the incorrect analysis contained in the impact assessment, which was incomplete, contained errors, and was based on obsolete data. |
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3.

Plea alleging breach of the principle of proportionality laid down in Article 5(4) TEU

In Poland’s view, the defendant institutions have acted in breach of the principle of proportionality by increasing to 40 % the Union greenhouse gas emission reduction target and the Member States’ individual reduction targets on the basis of the incorrect analysis contained in the impact assessment, which was incomplete, contained errors, and was based on obsolete data.

| 4. | Plea alleging breach of the principle of sincere cooperation laid down in Article 4(3) TEU
  In Poland’s view, the defendant institutions have acted in breach of the principle of sincere cooperation by setting out, in Regulation 2023/857, reduction targets (i) based on a social, economic and political situation not reflecting the current reality and (ii) disconnected from the actual capacities of the Member States. |
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4.

Plea alleging breach of the principle of sincere cooperation laid down in Article 4(3) TEU

In Poland’s view, the defendant institutions have acted in breach of the principle of sincere cooperation by setting out, in Regulation 2023/857, reduction targets (i) based on a social, economic and political situation not reflecting the current reality and (ii) disconnected from the actual capacities of the Member States.

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(1)  OJ 2023 L 111, p. 1.

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