Brussels sues Poland at ECJ. It concerns the EU Climate Directive

The European Commission has filed a lawsuit against Poland before the Court of Justice of the European Union. The reason is the failure to implement the amended directive on the EU emissions trading system for the aviation sector into national law. This is another stage of the infringement procedure, which may result in severe financial penalties being imposed on Poland.

Brussels’ decision, announced in early June 2026, is a consequence of Poland’s failure to meet its obligation to transpose the EU regulations. Member states were required to implement these rules by December 31, 2023. Despite the deadline passing, Poland has not informed the Commission of full compliance with the new requirements.

It is worth noting that a similar complaint has also been filed against Spain, indicating that the problem of timely implementation of these specific regulations is not unique to Poland. Referring the case to the ECJ is a standard step when a member state fails to comply with the Commission’s requests at earlier stages of the proceedings.

It concerns EU emissions trading in aviation. The amendment includes the CORSIA mechanism

The amended directive concerns the EU emissions trading system for the aviation sector. Its main goal is to adjust EU regulations to the global mechanism for compensating and reducing carbon dioxide emissions in international aviation, known as CORSIA. Furthermore, the regulation gradually phases out free emission allowances for airlines, forcing them to bear higher costs related to environmental pollution.

The EU ETS system operates on a „cap and trade” principle and forms the foundation of the EU’s climate policy. It sets a limit on the total amount of greenhouse gases that can be emitted by the sectors it covers. Within this limit, companies receive or purchase emission allowances, which they can trade. Effectively integrating the aviation sector into this mechanism is crucial for achieving the Union’s climate goals.