On 20 November, the Court of Justice of the EU ordered Poland to immediately cease its operations in the Białowieża Forest, except in exceptional cases where they are strictly necessary to ensure public safety. If Poland is found to have infringed the order, the Court will order it to pay to the Commission a penalty payment of at least €100 000 per day.

The Białowieża Forest in Poland is one of the best preserved natural forests in Europe, characterised by large quantities of dead wood and ancient trees. Since 2007, the Białowieża Forest has been protected as a Natura 2000 site. Natura 2000 is a network of sites selected to ensure the long-term survival of Europe's most valuable and threatened species and habitats. Due to its status as a Natura 2000 site, special rules apply for logging activates.

In 2016, the Polish Minister for the Environment authorised an increase in logging in the Forest District of Białowieża, as well as active forest management operations due to the outbreak of spruce bark beetle. Decision of the Polish Minister draw criticism from both scientists and environmentalists.[1] Several NGOs filed a complaint to the European Commission pointing out that Minister’s decision breaches EU environmental laws.[2]

On 20 July 2017, the European Commission brought an action against Poland for failure to fulfill its obligations under the Habitats Directive and the Birds Directive. The Commission also asked the Court to impose an interim measure ordering Poland to cease active forest management operations. On 27 July 2017, the Court issued a ban on logging, because increased timber harvesting in the Forest could cause serious and irreparable damage.

Since Poland did not cease its forest management operations in the Forest, the European Commission requested on 11 September for the Court of the EU to impose a periodic penalty payment until the logging stops. On 20 October 2017, the Court of Justice of the EU ordered Poland to immediately cease its active forest management operations and to send to the Commission, within 15 days details of all measures that it has adopted in order to comply with the Court’s decision. If there is found to be an infringement, the Court will order Poland to pay to the Commission a penalty payment of at least € 100 000 per day.

According to the Client Earth, the Court’s decision sets a new precedent, since financial consequences have never been applied at this stage of the procedure.[3]

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[1] Polish scientists protest over plan to log in Białowieża Forest. Nature. Available at: https://www.nature.com/news/polish-scientists-protest-over-plan-to-log-in-białowieża-forest-1.19428

[2] Polish authorities face fines of €100,000 per day over illegal Bialowieza logging, court rules. Client Earth. Available at: <https://www.clientearth.org/top-eu-court-polish-authorities-will-fined-least-e100000-day-illegal-logging-continues-bialowieza-forest/>

[3] Ibid.