Polish Briefing 1 June, 2020 9:00 am   
COMMENTS: Mateusz Gibała

Polish Briefing: CJEU orders Poles to check the distance act

What goes on in Poland on the 1st of June.

CJEU orders Poles to check the distance act

The Court of Justice of the European Union leaves the Polish courts to judge whether the Distance Act directly affected the slowdown in wind energy development in Poland.

The Court answered the questions referred for a preliminary ruling in the case of ECO-Wind Construction v. College of Appeal in Kielce, which appealed against the refusal to consent to the construction of a wind farm in the Opatów commune pursuant to the so-called Distance Act introducing restrictions for installations of this type for landscape

– The requirement to maintain a minimum distance between wind farms and residential buildings is not directly related to the composition, nature or sale of goods such as a wind turbine. In this regard, assuming that this requirement leads to a reduction in the number of eligible locations where wind farms can be located, and thus that it has an impact on the sale of wind turbines, this effect is not sufficiently direct to this requirement could have been included in the category of “other requirements” of Art. 1 clause 1 lit. f) of Directive 2015/1535 – we read in the documents of the CJEU.

Energa takes into account Orlen’s declaration on the use of gas in Ostrołęka

PKN Orlen, the new owner of the Energa Group, declares its readiness to engage in the construction of the Ostrołęka power plant. The company has announced that it will do so subject to the use of gas-based technology.

– We conduct organizational and financial analyzes. We include in them the desire to participate in PKN Orlen in the gas formula. The analyzes are still underway and we will inform you soon – said Dominik Wadecki, Energa’s vice president of operations.

– According to announcements and an agreement with the State Treasury, ongoing analyzes include conditions of the most important Energa Group investments. We see great potential for building new energy sources in Poland that will strengthen the energy security of the country and the region. However, we cannot act separately from market trends and EU regulatory policy. All projects that we implement in the Orlen Group must have strong business justification and strengthen our competitiveness in a demanding market. The investment in Ostrołęka will be implemented, but it must be based on gas technology. This is in line with our strategy, including the development of low and zero carbon sources – says Daniel Obajtek, president of PKN Orlen.