The court rejected that argument, ruling that the measures could be adopted by a qualified majority of member countries. The judges also dismissed challenges to the bloc’s carbon border tax, energy efficiency rules and national emissions reduction targets.
Six lawsuits were filed in July and August 2023, while PiS was in power. The seventh was lodged on Dec. 14, a day after Tusk took office with a promise to repair Warsaw’s relations with Brussels. His government reviewed the cases but decided not to withdraw them.
The court’s decisions are final, but Tusk’s Poland is still among the countries pushing to weaken parts of the EU’s climate legislation, including by seeking to delay the new carbon market for heating and transport, known as ETS2.