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International Justice: Commission proposes for EU to join Hague Judgments Convention

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The Commission has adopted a proposal for the EU's accession to the Hague Judgement Convention, an international treaty that facilitates the recognition and enforcement of judgements in civil and commercial matters in foreign jurisdictions. Justice Commissioner Didier Reynders said: “Having one's rights enforced in a country outside of the EU can be very cumbersome, both for private persons and for businesses. The EU joining the Hague Judgments Convention would improve legal certainty and save citizens and companies time and money. The average length of proceedings would decrease considerably.”

Currently, EU citizens and businesses that want to have a judgment given in the EU to be recognised and enforced in a non-EU country face numerous legal issues due to the absence of an international framework. This legal uncertainty as well as the associated costs may cause businesses and citizens to give up on pursuing their claims or decide not to engage in international dealings altogether.

The Convention on Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters, adopted in July 2019, offers a comprehensive legal framework with clear rules as to the recognition and enforcement of foreign judgments. The Commission's proposal will now have to be adopted by the Council, with the European Parliament's consent, for the EU to join the Convention. More information on the International Cooperation on Civil Justice is available here.

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HERA: First step towards the establishment of EU FAB, a network of ever-warm production capacities

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The Commission has published the Prior Information Notice, which provides vaccine and therapeutics manufacturers with preliminary information about the EU FAB call for competition, planned for early 2022. The objective of EU FAB is to create a network of ‘ever-warm' production capacities for vaccine and medicine manufacturing that can be activated in case of future crises. EU FAB will cover multiple vaccine and therapeutic technologies. To be operational at all times, the participating production sites are expected to ensure availability of qualified staff, clear operational processes and quality controls, allowing the EU to be better prepared and respond to future health threats. EU FAB will be able to quickly and easily activate its network of manufacturing capacities to meet demand for vaccines and/or therapeutics needs, until the market has scaled up production capacities. EU FAB will form a key component of the industrial dimension of the European Health Emergency Preparedness and Response Authority (HERA), as announced in the Communication Introducing HERA, the next step towards completing the European Health Union, on 16 September. The Prior Information Notice on the EU FAB is available here.

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European Commission

Poland ordered to pay the European Commission half a million euro daily penalty over Turów mine

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The European Court has placed a daily fine of €500,000 on Poland to be paid to the European Commission over its failure to respect an order from 21 May to stop extraction activities at Turów open-cast lignite mine, writes Catherine Feore.

The mine is located in Poland, but is close to the Czech and German borders. It was granted a concession to operate in 1994. On 20 March 2020, the Polish climate minister granted permission for an extension to lignite mining until 2026. The Czech Republic referred the matter to the European Commission and on 17 December 2020, the Commission issued a reasoned opinion in which it criticized Poland for several breaches of EU law. In particular, the Commission considered that, by adopting a measure allowing a six-year extension without carrying out an environmental impact assessment, Poland had breached EU law. 

The Czech Republic asked the court to make an interim decision, pending the final  judgment of the Court, which it granted. However, since the Polish authorities failed to comply with its obligations under that order, the Czech Republic, on 7 June 2021, made an application seeking that Poland be ordered to pay a daily penalty payment of €5,000,000 to the EU budget for failure to fulfil its obligations. 

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Today (20 September) the court rejected an application by Poland to overturn the interim measures and ordered Poland to pay the Commission a penalty payment of €500,000 per day, one tenth of what was requested by the Czech Republic. The Court said that they were not bound by the amount proposed by the Czech Republic and thought the lower figure would be adequate to encourage Poland “to put an end to its failure to fulfil its obligations under the interim order”.

Poland claimed that the cessation of lignite mining activities in the Turów mine could cause an interruption in the distribution of heating and drinking water in the territories of Bogatynia (Poland) and Zgorzelec (Poland), which threatens the health of the inhabitants of those territories. The court found that Poland had not sufficiently substantiated that this represented a genuine risk.

Given Poland’s failure to comply with the interim order, the Court found that it had no choice but to impose a fine. The CJEU has underlined that it is very rare that a member state brings an action for failure to fulfil obligations against another member state, this is the ninth such action in the history of the Court.

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€7 billion for key infrastructure projects: Missing links and green transport

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A call for proposals launched under the Connecting Europe Facility (CEF) for Transport programme is making €7 billion available for European transport infrastructure projects. The majority of projects funded under this call will help to increase the sustainability of our overall transport network, putting the EU on track to meet the European Green Deal objective of cutting transport emissions by 90% by 2050.

Transport Commissioner Adina Vălean, said: “We are massively increasing funds available for deployment of alternative fuels infrastructure, to €1.5 billion. For the first time, we are also supporting projects so that our trans-European transport networks are suitable for civilian-defence dual-use and improve military mobility across the EU. Projects funded under yesterday's call will contribute to the creation of an efficient and interconnected multimodal transport system for both passengers and freight, and the development of infrastructure to support more sustainable mobility choices.”

The EU needs an efficient and interconnected multimodal transport system for both passengers and freight. This must include an affordable, high-speed rail network, abundant recharging and refuelling infrastructure for zero-emission vehicles, and increased automation for greater efficiency and safety. Further information is available online.

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