On 6 October 2021, the General Court (EU) issued a judgement in case T-167/19 and upheld the decision of the European Commission approving the Polish capacity mechanism. SMM Legal’s experts advised our Client, Enspirion sp. z o.o., throughout the procedure. Our interdisciplinary team was managed by the head of our Energy Law Department, Paweł Łącki, PhD.
The capacity mechanism is a state aid measure that allows member states to ensure their energy security. Before being implemented, the mechanism had to be approved by the European Commission. The case before the court, now closed, concerned an appeal against the Commission’s decision. In the proceedings, our Client intervened in support of the Commission.
‘For the purposes of this case, our team prepared a strong dossier proving that any attempts at quashing the EC’s decision would be meritless’, explains Paweł Łącki, PhD, in charge of the project. ‘The Court agreed with our arguments and rejected the plea of the applicants’, adds Mr. Łącki.
The procedure lasted more than 2 years. Apart from Mr. Paweł Łącki, responsible for the matters regarding energy law, the team included Jan Stranz, PhD, and Miłosz Malaga, PhD. Our Client was represented before the court by Mr. Aleksander Czech, one of our Managing Partners.
‘It’s not the first time that we have been supporting our Clients in international procedures before European authorities’ says Mr. Aleksander Czech. ‘This judgement only proves the strength of our competence in this field’, sums up Mr. Czech.