“This entire situation constitutes a serious abuse in my view. I hope that cooperation between the current management of the Polish Air Navigation Services Agency and the ministries of infrastructure, national defence, and foreign affairs will make it possible to reverse the decisions taken so far,” MP Jerzy Polaczek told Niezależna.pl, commenting on the portal’s findings concerning the freezing of PLN 6.5 billion owed to the Polish Air Navigation Services Agency.
Brussels court rules, government remains silent
Niezależna.pl revealed yesterday that the European Organisation for the Safety of Air Navigation, Eurocontrol, had frozen PLN 6.5 billion belonging to the Polish Air Navigation Services Agency, known by its Polish acronym PAŻP. The action was taken based on a first-instance ruling by a Belgian court in connection with claims brought by the pharmaceutical company Pfizer.
The case concerns Poland’s withdrawal from an agreement concluded by the European Commission with Pfizer in 2021 for the supply of COVID-19 vaccines.
The decision could lead to the complete paralysis of the government agency. Niezależna.pl has also learned that a German entity has already expressed an interest in replacing PAŻP. According to the findings, the government has so far taken no action that could change the situation.
“This is unlawful”
Speaking to Niezależna.pl, former transport minister and Law and Justice MP Jerzy Polaczek pointed out that, under the Polish legal system, “PAŻP is not liable for the obligations of the State Treasury, and vice versa, the State Treasury is not liable for PAŻP’s obligations.”
“In this situation, I believe that the claims of this international pharmaceutical company against the State Treasury cannot be deducted from air navigation charges paid on behalf of millions of passengers. I am referring to the part of Polish airspace used by all airlines, rather than airport-related operations, because it is precisely these funds that have been seized,” he said.
The MP also expressed surprise that the government had not taken a firm position on the matter.
“In my view, the first-instance ruling of the Belgian court and the seizure of these funds to satisfy the claims constitute a serious abuse by the company. I believe that, from today, passengers using Polish airspace and Polish airports should give this company, and everything associated with it, a wide berth,”
he added.
It could have been even worse
Referring to comments posted on X by former PAŻP president Janusz Janiszewski, Polaczek recalled that, during the pandemic, Eurocontrol had encouraged the agency to incur liabilities through the organisation.
“The PAŻP management at the time did not yield to those suggestions. Bank Gospodarstwa Krajowego also did an excellent job, acting as the institution that legally provided substantial public assistance during the COVID-19 pandemic to tens of thousands of companies and institutions, including PAŻP. Today, we would be caught in a double bind if there were still any post-COVID liabilities financed through Eurocontrol,”
he said.
“This entire situation constitutes a serious abuse in my view. I hope that cooperation between the current PAŻP management and the ministries of infrastructure, national defence, and foreign affairs will make it possible to reverse the decisions taken so far,” Jerzy Polaczek said.
At the same time, he stressed that attempts to blame Mateusz Morawiecki’s government for the fact that some of the vaccines ordered by Poland were not used after the pandemic had subsided were unjustified, because “during the pandemic, its duration and consequences were difficult to predict.”
“At the time, the government provided the entire economy with an unprecedented level of public assistance, including support for PAŻP. As a result, the economy avoided enormous losses, including those that would have resulted from rising unemployment,”
he noted.
Germany cannot replace PAŻP
Addressing the possibility of any foreign agency taking control of Polish airspace, Polaczek said that, “even leaving aside the technical issues and practical feasibility, there is no legal basis for such a move, and there will be no consent to any discussions or proposals in this regard.”
“Polish airspace is a national asset that generates revenue. Passengers benefit from it, and in the context of this dispute, PAŻP should review the existing legal framework and adapt it to the current situation, including the war in the east and the need to modify cooperation between this civilian structure and the Ministry of National Defence,”
Jerzy Polaczek concluded.