Environmental Protection Law amendment vital to Poland for changing court access in air quality matters

In the third quarter of 2025, the Polish Council of Ministers plan to adopt a draft act amending the Polish Environmental Protection Law. The proposed changes are of key importance to Poland for social organisations, residents and businesses located in areas covered by air quality programmes (AQP). The primary objectives of the draft are:

• to eliminate inconsistencies with Directive 2008/50/EC of the European Parliament and of the Council of 21 May 2008 on ambient air quality and cleaner air for Europe (Directive 2008/50/EC) and to enable the withdrawal of the European Commission’s (EC) complaint to the EU Court of Justice on the lack of effective access to courts (infringement no. 2020/2105); and
• to implement Directive 2024/2881 of the European Parliament and of the Council of 23 October 2024 on ambient air quality and cleaner air for Europe (Directive 2024/2881), which will replace Directive 2008/50/EC.

Why is the amendment necessary to Poland?

Polish administrative courts currently require claimants to demonstrate a “legal interest” in such a restrictive manner that, in practice, challenges to AQPs are inadmissible for citizens or environmental organisations. The EC has found that this violates Article 23(1) of Directive 2008/50/EC, Article 47 of the Charter of Fundamental Rights, and Article 9(3) of the Aarhus Convention, which guarantee the public the right to challenge inadequate air quality plans. As a result, in June 2025 the EC filed a complaint with the EU Court of Justice.

Key assumptions of the draft amendment

The new provisions are intended to ensure the right to bring a complaint against an AQP, its update, or a short-term action plan for:

• individuals residing in the area covered by the document;
• organisational units conducting business activities in the area covered by the document; and
• environmental organisations, provided they refer to their statutory objectives and have been engaged in statutory activities related to environmental protection or human health protection for at least 12 months prior to the publication of the resolution on the air quality programme, its update, or the short-term action plan.

A complaint to the administrative court may be filed within six months from the date of publication of the relevant resolution.

The amendment will also include a transitional provision simplifying the minimum scope of updated AQPs for the years 2026 to 2028. This approach will prevent duplication of documents, since the currently required new AQPs will only be in force until the adoption of action plans resulting from Directive 2024/2881 that introduces stricter air quality standards and requires the preparation of plans by the end of 2028.

Practical consequences

Regional governments will need to anticipate an increased number of complaints regarding air quality programme documents. At the same time, businesses operating installations in areas where emission limits are exceeded should closely monitor AQP projects and assess the risk of new emission or investment restrictions. They will also gain a tool to challenge plans that, in their view, do not adequately consider economic realities.

Conclusions

The proposed amendment represents a breakthrough in judicial review of AQPs. The expansion of standing contained in the draft amendment that eases the ability to bring complaints to court fulfils the right to an effective legal remedy and aligns Polish law with EU requirements, thereby strengthening environmental protection and access to justice for affected stakeholders in Poland.

For more information on the Polish Environment Protection Act and how it could impact your business in Poland, contact your CMS client partner or these CMS experts: