The Supreme Administrative Court of Poland suspended the canalization works on the Odra river

CCB • March 14, 2023

Is the State Water Holding Polish Waters above the law?

Abstract:
There is evidence that despite the verdict of the Supreme Administrative Court of Poland (NSA), Wody Polskie and their subcontractors are continuing regulatory work on the Oder.
[Watch the video available below]
The verdict of the NSA is a great success for the natural diversity of the Oder landscape, as well as for the people living along the river.
● The decision of the NSA is a victory for Polish and German NGOs (Naturalists Club, Eko-Unia Association, SOT, N., Deutscher Naturschutzring, BUND, NABU), demanding that the works be stopped as harmful to the ecosystem of the river, which is particularly weakened after the ecological disaster that hit the Oder in July and
August 2022.


A brief history of lawlessness


The NSA's order of the 7th of March this year leaves no doubt. Wody Polskie should stop the regulatory works on the Oder. The justification states, among other things: "However, in the light of the case at hand, the Supreme Administrative Court considered that the suspension of the execution of the environmental decision, in the case of the ongoing implementation of this project, implies a real obligation to suspend the works in progress as part of its implementation. In the opinion of the Supreme Administrative Court, the adoption of a different position would not only be contrary to the principles of environmental law, but would also mean depriving the parties of their right to a court, which, having regard to the principle of a democratic state of law, cannot constitute a façade institution."


Thus, the NSA dismissed the complaint of the State Water Holding Company Wody Polskie (PGW WP) against the decision of the Voivodship Administrative Court (WSA) on 9 December 2022, which had already ordered the suspension of the works.


"This is a success, but this is what normality should look like, given the law" comments Ewa Leś, an expert for Governance for Transboundary Freshwater Security from the Save the Rivers Coalition and Coalition Clean Baltic, - "Let's remember that the Oder is a transboundary river of three countries that should work on its best condition, not devastation. There is also a need for coordinated efforts between HELCOM [1] and the International Commission for the Protection of the Oder River against Pollution [2] in the future, especially considering the source-to-sea approach and the role of healthy rivers in achieving good environmental status in the Baltic Sea" she continues.


Here it is worth mentioning that the WSA's decision in December to stop the works should have been enforced when it was issued. In spite of this, Wody Polskie continued to regulate, citing the final Permits for the Realisation of the Investment. At the same time, WP filed a complaint and decided to wait for the settlement of the NSA. This ruling has just been announced. The NSA upheld the decision of the lower instance, which means an immediate injunction to stop the works. Despite this, the materials attached to this information clearly show that Wody Polskie is breaking the law and disregarding the verdict of the NSA, which is no longer subject to appeal. This is outrageous, especially in the context of what the Oder River went through in August 2022 and in view of the still high salinity levels in the river and the presence of 'golden algae' in it.

Credit: Jacek Engel, Greenmind Foundation

"The works must be stopped immediately. Especially after the ecological catastrophe on the Oder in 2022, more attention must be paid to the transboundary effects of construction activities on protected species and habitats. The ecological processes and resilience of the river must be prioritised" - says Krzysztof Smolnicki, from the Coalition "Time for the Oder" and the Foundation for Eco-development.


Radosław Gawlik, from the Eko-Unia Association (Poland), is not optimistic: "It is likely that the current Polish government and water administration will disregard the decisions to stop the works to channel the Border Odra. The prosecutor's office subordinated to the government will not do anything in this case either. There will be a chance for a decision of the European Court of Justice. This worked for the Polish government in the case of deforestation in the Białowieża Forest and the Czech government's complaint about the environmental impact of the Turów open pit."


***


NOTES

The Save the Rivers Coalition and the Coalition "Time for the Oder" are monitoring this issue and are available for any information and materials.

The above Press note comes from Save the Rivers and Coalition "Time for Oder", written by Rafał Rykowski.


[1] The Baltic Marine Environment Protection Commission – also known as the Helsinki Commission (HELCOM) – is an intergovernmental organization (IGO) and a regional sea convention in the Baltic Sea area. More info here.

[2] ICPO - International Commission for the Protection of the Oder River against Pollution is one of thirteen international commissions for the protection of rivers, lakes and seas whose catchment areas lie within the territory of more than one country. More info here.

By CCB October 3, 2025
3 October 2025 - Coalition Clean Baltic, together with its Member Organization BUND - Friends of the Earth Germany and the citizens’ initiative “ Lebensraum Vorpommern ”, have launched a petition to stop new oil and gas drilling projects in the Baltic Sea . The petition comes in response to plans to exploit a deposit just 6 km offshore Świnoujście , Poland, in the transboundary waters of the Oder Estuary and Pomeranian Bay. The planned site lies at the heart of NATURA 2000 protected areas , which are vital for biodiversity, climate action, and local communities. Oil and gas extraction in the Baltic Sea poses severe threats to its fragile ecosystems. Industrial activities such as drilling, pipeline construction, and ship traffic risk polluting the water with chemicals, oil leaks, and toxic waste. Underwater noise from pile driving and increased traffic would further degrade marine habitats. These pressures add to the already critical challenges faced by the Baltic Sea, including biodiversity loss, eutrophication, and the accelerating impacts of climate change. The consequences extend far beyond nature. Local communities rely on a clean and healthy Baltic for tourism, fishing, and quality of life. Expanding fossil fuel infrastructure would also undermine Europe’s climate commitments and lock in carbon emissions for decades to come. The petition calls on the Ministry of Climate and Environment of Poland, the Helsinki Commission (HELCOM), the European Commission, and the Secretariat of the Espoo Convention to : Stop the plans for oil and gas extraction in the Oder Estuary and the Pomeranian Bay; Ban any new oil and gas extraction across the Baltic Sea; Ensure strong cross-border cooperation and communication amongst all involved states. The petition is open through the WeMove Europe´s platform and can be signed here .
By CCB October 1, 2025
Job Title: Coalition Campaign Manager - Common Fisheries Policy Position type : Full-time consultancy contract. Open to part-time arrangements initially if needed. Contract duration: Short-term contract until end of March 2026, with possibility of extension subject to funding availability Reports to: Steering Committee Location : Flexible(remote/home office) with regular travel. Working in Brussels is of advantage. Starting date : ASAP In close cooperation with the Steering Group of the coalition, lead, plan, coordinate, and support the campaign of an NGO network working together towards the implementation of the EU Common Fisheries Policy (CFP) and the evaluation thereof. The campaign manager's responsibility is to develop and ensure the successful and timely delivery of political advocacy and public engagement activities of the campaign, both at EU and Member State level. Job description Strategy & Planning Develop and implement short-, and long-term campaign strategies aligned with coalition objectives, in close cooperation with the Steering Group. Set clear goals, timelines, and performance indicators for the campaign and ensure timely delivery thereof. Analyse policy development, political climate, media and public opinion, and stakeholder landscapes to inform tactics. Campaign Delivery Manage day-to-day execution of the campaign activities at Brussels and Member State level. Coordinate coalition partners and ensure communication between Steering Group and coalition members, as well as relevant groups/coalitions/experts and other stakeholders outside the coalition. Advise coalition members on strategic delivery of advocacy activities at all levels, including Member State level. Join Steering Group meetings in an advisory capacity. Report back to the Steering Group on the delivery of the campaign's activities, meeting of targets and milestones, and report back on activities, budget and impact. Advocacy & Stakeholder Engagement Build and maintain relationships with policymakers, key stakeholders, and allies to support campaign aims. Analyse opportunities of engagement, advise on policy language. Organise/coordinate/prepare and support relevant activities, including events, briefings, and advocacy activities in close cooperation with coalition members. Ensure relevant knowledge management and information flow within the coalition and across partner organisations. Liaise with communication experts on message framing, strategy and timelines. Management Support CCB administrative and finance staff managing grants to coalition partners. Ensure coalition partners receive information and materials that enable them to effectively contribute to achieving campaign goals (political information, policy briefings, templates, policy language, opportunity analyses). Support fundraising efforts as needed/requested by the Steering Group. Lead on funders narrative reporting. Qualifications & Skills required The consultant must be legally authorised to provide services and work as a consultant within the EU, based in an EU Member State. Fisheries and ocean expertise (preferred), or other environmental background. Degree (or equivalent experience) in communications/campaign management, political science, resource management, fisheries, or related field. Proven track record in designing and delivering successful advocacy or public campaigns at EU or Member State levels involving a larger coalition. Strong understanding of political processes at EU level and Member State levels, media landscapes, and public engagement. Excellent project management and organisational skills. Skilled communicator and coordinator, able to craft persuasive messages and engage a larger network into a common goal within tight deadlines. Ability to work under pressure, meet deadlines, and adapt to rapidly changing circumstances. Fluency in English is required; additional EU languages are a plus. Application Should you be interested in applying for this assignment, please send your CV (max. 2 pages) together with a personal letter (max. 1 page) before 9 October 2025 , COB, to secretariat@ccb.se Please include your consultancy rate in your application inclusive VAT (if applicable). Applications should be submitted in English. Incomplete applications (e.g. lacking either CV or personal letter) will not be considered . Any inquiries related to this assignment should be forwarded to the above email or to CCB Executive Secretary Mikhail Durkin at mikhail.durkin@ccb.se and +46 739 770 793. In the application and hiring process, CCB will not discriminate against any individual based on race, colour, sex, language, religion, national or social origin, property, disability, age, family status, sexual orientation and gender identity, economic and social situation. .