Press release

EU confirms access to Court is a fundamental right in challenge against Poland

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Lawyers have welcomed the European Commission's decision to refer Poland to the Court of Justice of the EU over barriers to access to justice in environmental matters.

ClientEarth lawyer Ewa Dąbrowska said:

“For years, Polish residents—including us—have been denied the right to challenge inadequate air quality plans in court, despite ongoing breaches of pollution limits and clear obligations under EU law.

“This decision confirms what we’ve long argued: access to justice in environmental matters is not optional. It’s a fundamental right—essential for protecting public health, holding authorities accountable, and defending nature.”

“We call on the Polish government to promptly align national law with the recently revised Ambient Air Quality Directive and ensure effective access to justice for environmental NGOs and other members of the public concerned.”

The Commission’s initiative comes right after the European Court of Human Rights has communicated six cases on air quality against Poland, on the very same matter.

The complainants, among which ClientEarth, seven individuals and a national association, argue that lack of access to justice for challenging air quality plans breaches the right to a fair trial and to an affective remedy – and people’s right to breathe clean and healthy air. These are the first Polish air protection applications taken up by the Court under the European Convention of Human Rights. 

ENDS

Notes to editors:

  • Read the EU Commission press release here.

About ClientEarth

ClientEarth is a non-profit organisation that uses the law to create systemic change that protects the Earth for – and with – its inhabitants. We are tackling climate change, protecting nature and stopping pollution, with partners and citizens around the globe. We hold industry and governments to account and defend everyone’s right to a healthy world. ClientEarth teams in Europe, Asia and the USA work to shape, implement and enforce the law, to build a future for our planet in which people and nature can thrive together.