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Article

1 Aug 2019

Author:
ClientEarth

Polish Court rules Enea's decision to construct power plant is invalid

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"Court win in world-first climate risk case puts future of Ostrołęka C coal plant in question," 1 Aug 2019

The future of Poland’s ‘last coal plant’, Ostrołęka C, hangs in the balance following a court ruling.

The District Court in Poznań held that the company resolution authorising construction of the €1.2bn, 1GW coal-fired power plant, a joint venture between two Polish energy companies, Enea and Energa, was legally invalid. This should prompt a major rethink by the companies and their boards, and could spell the end for the costly project, which still lacks over PLN 3 billion in necessary financing.

The ruling represents a major step in the shareholder lawsuit, the first of its kind, brought by ClientEarth.

ClientEarth lawyer Peter Barnett said: “This is an excellent result for Enea’s shareholders and for the climate. The plant is a stranded asset in the making, facing clear and well-documented financial risks.

“Companies and their directors are legally responsible for managing climate-related risks and face potential liability if they fail to do so. Enea and Energa should lay this project to rest before it incurs any further costs to the companies and their shareholders.”