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Polish government sues Germany for illegal shipment of waste

Violations of EU law

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Polish government sues Germany for illegal shipment of waste

The government in Warsaw has turned to the European Court of Justice (ECJ) over the illegal shipment of waste from Germany to Poland. It has filed a lawsuit in Luxembourg for violations of EU law, the Polish Ministry of the Environment explained on Wednesday. The lawsuit concerns a total of 35,000 tons of waste that German companies illegally dumped in the neighbouring country between 2013 and 2018.

The EU Commission had already dealt with the Polish complaint. In October, it came to the conclusion that Germany had wrongly refused to take back waste illegally shipped to Poland in individual cases. However, the Commission did not confirm the accusation from Warsaw that Germany had violated the principle of "loyal cooperation".

Poland's complaint concerned waste illegally dumped at seven locations. In the case of waste in Tuplice near the border at Cottbus, the Commission found in favor of Warsaw. This involved 20,000 tons of waste. In the case of Stary Jawor to the west of Wroclaw, Germany should have taken back some of the waste, the Commission also found.

In Poland's view, Germany did not react appropriately. "Despite initial written assurances to the European Commission, the Federal Republic of Germany has shown no activity whatsoever to ensure that the waste is taken back," the Ministry of the Environment explained on Wednesday. "Consequently, the matter has still not been resolved."

There are numerous problems with illegal waste dumps in Poland, which became a campaign issue during the parliamentary elections in October. The ruling right-wing conservative PiS, which has repeatedly come out with harsh criticism of Germany, also polarized towards the neighbouring country on this issue. The PiS received the most votes in the election on October 15, but missed out on an absolute majority and has no prospect of forming a coalition.

  1. This lawsuit filed by the Polish Government at the EU Court of Justice (ECJ) alleges that Germany has violated EU law by illegally transferring over 35,000 tons of waste to Polish soil between 2013 and 2018, infringing on the principals of Offenses against environmental regulations.
  2. The European Commission has previously addressed the Polish complaint concerning this issue, determining that Germany had wrongfully refused to take back certain waste illegally shipped to Poland in individual cases, but did not confirm Poland's accusation of Germany's violation of the 'principle of loyal cooperation' under EU law.
  3. As a consequence of Germany's lack of response to the EU Commission's initial demands, the Polish Government, having exhausted other remedies, is now seeking a transfer of responsibility and accountability for these Offenses under EU law against Germany in order to protect Polish environmental interests and uphold the integrity of the EU waste management framework.

Source: www.ntv.de

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