The conflict at the Turów Mine
Background The issue goes back to 2021, when the Czech Republic complained about the environmental damage caused by the Turów brown coal mine, located next to the Czech-Polish border. Mining activities were causing, as per the Czech government, considerable damage, in particular regarding groundwater levels, subsidence of buildings located close to the mines, and increased noise and dust emissions affecting the population.

The Czech Republic brought the matter to the CJEU, contending that Poland had revalued my license without adequate environmental consultations or the approval of the Czech Republic. The court reacted by telling Poland to stop mining while the case was considered. But Poland did not follow the suspension.

Fines and Settlement Agreement
With Poland's failure to uphold its end of the bargain, the CJEU fined the country €500,000 per day. This interest continued to accumulate until February 3, 2022, when the two countries reached a bilateral settlement. According to the agreement, the Czech Republic would withdraw its complaint in exchange for €45 million of compensation from Poland, which would be used for environmental purposes.

The European Commission, however, later withheld 68.5 million euros of Poland's EU funds, claiming that the fine had been upheld. But, Advocate General Kokott has sided with Poland, saying that the Commission was not justified in making its deduction, particularly in view of the settlement. She said the fine shouldn't have been applied as a retroactive measure.

Next Steps
While the opinion of the Advocate General does not bind the court, it tends to influence its final judgment, which is to be delivered later this year. Should the court accept this non-binding opinion, Poland would be able to access the frozen money and repair its position in the EU system.