Press Release: Free movement of capital: Commission refers Poland to Court of Justice over special rights granted to the State in certain companies

The European Commission decided to refer Poland to the European Court of Justice with respect to the Act on Special Powers of the Treasury. It considered that this Act and the exercising of the powers it grants in companies of special importance for public order or public security, together with implementing ordinances that grant special rights (consisting of the right to veto certain key management decisions as well as the right to appoint observers in the companies concerned) to the Polish State in currently thirteen national companies of special importance, infringe rules on the free movement of capital and the freedom of establishment in violation of the EC Treaty (Article 56 and 43 respectively). These thirteen companies operate in several sectors including copper ore mining, media/audiovisual, railway infrastructure, electricity, gas and petroleum, motor spirits and diesel oil.