Action brought on 14 December 2023 – Republic of Poland v European Parliament and Council of the European Union
(Case C-771/23)
Language of the case: Polish
Parties
Applicant: Republic of Poland (represented by: B. Majczyna, Agent)
Defendant: European Parliament and Council of the European Union
Form of order sought
The applicant claims that the Court should:
annul Directive (EU) 2023/1791 of the European Parliament and of the Council of 13 September 2023 on energy efficiency and amending Regulation (EU) 2023/955 (recast) 1 ;
order the European Parliament and Council of the European Union to pay the costs.
Pleas in law and main arguments
1. Plea in law alleging infringement of point (c) of the first subparagraph of Article 192(2) TFEU by applying an incorrect legal basis (Article 194(2) TFEU) to the adoption of Directive 2023/1791, even though the measures laid down by that directive significantly affect Poland’s choice between different energy sources and the general structure of its energy supply.
According to Poland, the defendant institutions infringed point (c) of the first subparagraph of Article 192(2) TFEU by failing to adopt the directive at issue on the basis of the abovementioned Treaty provision, which requires unanimity in the Council, even though the directive at issue significantly affects a Member State’s choice between different energy sources and the overall structure of its energy supply.
2. Plea in law alleging infringement of the principle of proportionality set out in Article 5(4) TEU, in conjunction with Article 296 and Article 191(3) TFEU, by establishing measures that engender costs that are disproportionate to achieving the intended objectives.
According to Poland, the defendant institutions infringed the principle of proportionality, because the directive at issue was adopted without taking into account the existing conditions in individual Member States, and the measures provided for in those Member States to reduce the reliance of the European Union on fossil fuels are unfeasible or connected to costs that are disproportionate to the results expected.
____________
1 OJ 2023 L 231, p. 1.