• The Court of Competition and Consumer Protection reversed the decision levying fines on Gazprom and five companies responsible for the construction of Nord Stream 2 gas pipeline.
• The Competition Authority will appeal against that Order.

The proceeding to impose a fine on Gazprom and five companies (Engie Energy, Uniper, OMV, Shell and Wintershall) for establishing a company responsible for the construction and operation of Nord Stream 2 pipeline without the required permit from the UOKiK President was initiated in May 2018. Two years later, fines were levied at more than 29 billion zloty on Gazprom and more than 234 million zloty on the remaining project partners. These business operators appealed against that ruling. On 21 November 2022, the Court of Competition and Consumer Protection reversed the Competition Authority’s decision.

- The Order issued by the Court of Competition and Consumer Protection is baffling. The Court has held that, notwithstanding evidence gathered in the case and consequences for competition situation, decisive was the assessment of whether a formal joint venture has been established. In its verbally presented grounds, the Court considered that the participants of Nord Stream 2 construction project have not established a new, joint enterprise, and the Competition Authority had no authority to assess the consequences to the wider economy or whether they attempted to evade the law. Today, the threats we mentioned when making our ruling, have been evident not only in Poland, but also all over Europe. In highlighting these threats at that time, we acted in accordance with our authority to stop a project that was dangerous for Poland and Europe alike. We will ask for written grounds for the Order, and we will appeal in the case – said Tomasz Chróstny, the UOKiK President.

Appeal procedure

A business operator may appeal against a decision of the UOKiK President to the Court of Competition and Consumer Protection, and an appeal against the latter’s Order – to the Court of Appeals in Warsaw. Later on, a cassation complaint may be filed with the Supreme Court against the Court of Appeals Order.

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