Group of Members of the Sejm v. European Union environmental and energy competences (K 10/24)

In August 2023, under the Law and Justice (PiS) government, Poland filed four annulment actions at the EU Court of Justice challenging elements of the EU’s Fit for 55 climate package, including the phase-out of combustion engine vehicles and related energy measures. Poland argued these measures exceeded EU competences, breached the principle of subsidiarity, and imposed disproportionate burdens on energy-intensive industries. Following the October 2023 election of the Civic Coalition, led by Prime Minister Donald Tusk, Poland reversed its position on EU climate policy and formally withdrew the lawsuits in February 2024. Despite this change in government policy, Poland’s Constitutional Tribunal issued a judgment on 10 June 2025 in case K 10/24. The Tribunal ruled—by majority—that the interpretation of Article 192(1) in conjunction with Article 192(2)(c) TFEU, as developed by the CJEU, was incompatible with Articles 2, 4(1), 7, 8(1) and 90(1) of the Polish Constitution. In particular, the Court found that narrowing the unanimity requirement in the Council to only those EU environmental measures whose primary intended effect is to significantly influence a Member State’s energy mix undermines Polish sovereignty and circumvents the constitutional procedure for transferring competences. The Tribunal discontinued review of other claims—concerning alleged disproportionate obligations under the EU Emissions Trading System (EU ETS) and impacts on economic freedom—on procedural grounds. It stressed that the ruling does not invalidate the relevant TFEU provisions themselves, but declares unconstitutional the manner in which they have been interpreted and applied, with potential implications for Poland’s future compliance with EU climate and energy legislation.