Current reports
Current report no. 13/2023
Integrated permit – dismissal of Greenpeace Polska's complaint against the decision of the Minister of Climate and Environment
Legal basis:
Art. 17 sec. 1 MAR – inside information
Contents of the report:
With reference to the current report 16/2021 of June 4, 2021 and 12/2021 of April 9, 2021, ZE PAK Spółka Akcyjna ("Company") informs that on May 24, 2023 in open court, the judgment of the Provincial Administrative Court was announced in Warsaw, where the Provincial Administrative Court dismissed the complaint filed by the Greenpeace Polska Foundation against the decision of the Minister of Climate and Environment of November 21, 2022, reference number: DIŚ-III.435.12.2020.AŻ.1. File number: IV SA/Wa 166/23. The contested decision confirmed the possibility for the installation of 474 MW power unit (former Elektrownia Pątnów II Sp. z o.o., today owned by ZE PAK SA) to derogate from the emission limit values set out in the BAT conclusions until August 17, 2024. These derogations were previously established in the decision of the Marshal of Wielkopolskie Voivodeship.
In the oral justification of the judgment, the Provincial Administrative Court stated that:
- the decision of the Minister of Climate, contrary to the allegations, does not violate the law to the extent justifying its repeal,
- allegations of procedural and substantive law did not deserve to be taken into account,
- the material collected in the case allowed the Minister of Climate to make a decision, and the conditions of application of the above-mentioned provisions, questioned by the Greenpeace Polska Foundation, derogations have been met.
The judgment of the Provincial Administrative Court means that the Company may operate 474 MW power unit with the application of the above-mentioned derogations.
The judgment is not final, each party has the right to file a cassation complaint with the Supreme Administrative Court. The company will submit an application for preparation and delivery by the Provincial Administrative Court of the justification of the judgment issued.
Signatures of persons representing the Company:
Piotr Woźny – President of the Management Board
Maciej Nietopiel – Vice President of the Management Board
Zygmunt Artwik – Vice President of the Management Board