Lawsuit: Poland calls for repeal of EU CBAM and ETS system
Lawsuit: Poland calls for repeal of EU CBAM and ETS system

25 September 2023 – Poland has filed a lawsuit with the European Court of Justice against the EU regulations on CO2 allowance trading, the market stability reserve and the CO2 carbon border tax CBAM, which is due to start in October 2023. And on 26 September, Stainless Steel World begins in Maastricht, The Netherlands.

Lawsuit: Poland demands repeal of EU CBAM and ETS system

Already on 8 August 2023, the Republic of Poland had filed two lawsuits with the European Court of Justice against important pillars of the EU Green Deal.

EU ETS system adopted without Poland’s consent?

In the actions, Poland challenges Directive (EU) 2023/959 of the European Parliament and of the Council of 10 May 2023 amending
Directive 2003/87/EC establishing a scheme for greenhouse gas emission allowance trading within the Union and the
annul Decision (EU) 2015/1814 establishing and maintaining a market stability reserve for the scheme for greenhouse gas emission allowance trading within the Union.

Among other things, Poland puts forward as a plea that the trading of allowances and also the establishment of a market stability reserve would not take into account the interests of the Member States (including Poland).

Claim: CBAM to be annulled in its entirety

In addition, in the second action, Poland also claims that Regulation (EU) 2023/956 of the European Parliament and of the Council of 10 May 2023 establishing a carbon cap and trade system (1) should be annulled in its entirety.

CBAM primarily a fiscal measure

Especially the plea against CBAM is interesting, as it clarifies once again what makes the EU CO2 border adjustment system questionable not only in the eyes of Poland – that CBAM would be a primarily fiscal measure.

As early as 2020, the then party leader of the German Greens and now Federal Foreign Minister Annalena Baerbock had referred to CBAM as a market protection measure and thus a fiscal measure in a talk show.

“…by, for example, protecting producers of green steel from non-European competition from fossil produced steel…”

What are fiscal measures?

Fiscal measures are all measures taken by a state to influence economic activity. These include, for example, the levying of taxes or the promotion of certain industries, groups of people or regions.

Thorsten Gerber, CEO of the Gerber Group said today: “Finally a government that has the courage to sue this corrupt bunch.”

Stainless Steel World 2023 starts on 26 September

The Gerber Steel and Stainless Espresso team will be at the Stainless Steel World in Maastricht from 26 to 28 September 2023 at stand D50 and is looking forward to your visit and personal conversation.

Should important events take place in the meantime, we will of course inform you as soon as possible.

And of course you can still reach our sales team by phone at +49 7642 9282851 or by email at sales@gerber-steel.com.

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