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EU court advisor says Poland should receive EU funds that were withheld due to Turow mine

A court advisor said that Poland should be entitled to recover the funds it has been denied from regular payments by the European Union to offset the fines the bloc has imposed against Warsaw for its previous non-compliance to a ruling of EU Court of Justice.

In 2021, the EU's highest court fined Poland 500,000 euros per day ($586,500), for failing to stop the operation of its Turow mine and power station on the Czech Republic border.

The complaint was made by Prague, which claimed that the company's operations endangered water supplies of residents on both sides of the border.

The previous Polish nationalist government refused to obey the court's ruling, and the European Commission held back 68.5 million Euros from funds that the EU was due to pay Warsaw in regular transfers.

The EU General Court ruled in 2024 that the EU executive has the right to withdraw cash from the funds allocated to Warsaw for the payment of fines.

The new government of Poland, which is a centrist one, has asked for the court to cancel the rulings and fines.

In a court statement, the court stated that "in her opinion delivered today by Advocate General Juliane Kokott, she proposes to the Court of Justice that it uphold Poland’s appeal, set aside judgment of the General Court, and annul the Commission’s offsetting decisions."

In most cases, the Court of Justice follows the opinion of its advocate general when it makes its decisions.

In its statement, the court referred to an "amicable deal" that was reached in 2022 between Warsaw and Prague under which Poland would pay the Czech Republic compensation in exchange for upgrades in infrastructure and other environmental protections.

This agreement meant that "the Commission incorrectly offset the penalty payments against Poland's claims to the EU budget".

(source: Reuters)