Success of Poland before the European Court
06.10.2021
On 6 October 2021, the Court adjudicated in the case Tempus Energy Germany GmbH and T Energy Sweden AB v European Commission on annulment of the Commission Decision concerning the Polish capacity market.
The Court upheld the decision of the European Commission accepting the Polish capacity market. The charges raised by Tempus Energy and T Sweden were rejected. The judgment confirmed the EC decision accepting the Polish capacity market.
The Minister of Climate and Environment welcomed the judgment with satisfaction.
The capacity market being the tool to ensure energy security will be able to operate in an unmodified form. The judgment on the Polish capacity market is of particular importance these days, when the energy system transform towards low carbon solutions, while ensuring the sufficient power reserves and their availability is the key to stable supplies of energy
– said Minister Michał Kurtyka.
The capacity market is a public aid measure that contributes to energy security. At the competitive auctions, the energy suppliers may be contracted in exchange for ensuring capacity and supply energy in the case of energy security emergency.
In December 2027, Poland adopted the act introducing the capacity market in Poland. The country obtained the EC approval of this public aid scheme in February 2018. In March 2019, the Tempus Energy Germany GmbH and T Energy Sweden AB companies brought the action before the EU Court against the European Commission, in which they claimed for annulment of this decision. The Republic of Poland and PGE Polska Grupa Energetyczna S.A., Enel X sp. z o.o. as well as Enspirion sp. z o.o. joined the case as the interveners in support of EC. The Government of the Republic of Poland, represented by the Plenipotentiary of the Plenipotentiary of the Republic of Poland before the CJEU, supported by the Ministry of Climate and Environment, and previously by the Ministry of Energy, worked on elaboration of the best possible arguments supporting the EU and defending its decision.
The judgment is available at the official CJEU website at the following link: