The arguments did not convince the TSE
Poland has appealed to the Court of Justice of the European Union the decision of the EU Council authorising the provisional application of the Interim Agreement. A complaint for annulment of this decision was lodged by Warsaw on 10 May 2026. At the same time, it requested an interim measurement to suspend the implementation of the contested decision pending the result of the case.
The Polish government argued that the circumstances of the adoption of the Council decision support its urgent suspension. The complaint pointed out, among another things, the breach of the Treaty provisions, the excess of powers and the breach of the rule of loyal cooperation between the associate States and the EU institutions.
However, the Vice-President of the TEU did not take that position into account. It follows from the message of reasons that Poland has not sufficiently demonstrated that further implementation of decisions can lead to serious and irreversible consequences. The Court besides held that the arguments put forward by the Polish side did not let to find the likelihood or inevitability of specified injury.
The order referred only to the application for a temporary suspension of the implementation of the decision and not to the merits of the full complaint. The interim agreement, which Poland wanted to suspend, provides for the abolition of duties on more than 90% of goods imported from the countries of South America.
Trap critical of the PiS
The decision of the TEU was addressed at a press conference by Polish government spokesperson Adam Szpiek. He recalled that the negotiations on the agreement lasted for many years and that their course was besides linked to earlier political decisions taken at European Union level.
The spokesperson for the government stressed that Poland has decided to challenge the solutions adopted by the protection of its own interests. He besides pointed out that the current situation was the consequence of many years of work on an agreement with Mercosur, which was initially carried out at European Council level. Adam Sz Trapka besides critically assessed the actions of earlier cabinets, which he accused of insufficient protection of Polish interests during the implementation of the contractual arrangements.
At a time erstwhile the Prime Minister was Beata Szydło and later Mateusz Morawiecki, unambiguously adopted conclusions from the European Council meetings called for faster and very broad treatment of the agreement with Mercosur countries – he assessed the Trap. – On the executive level, in terms of our interests, the Morawiecki government did not safe the Polish interest in any way.
The trap indicated that according to the Ministry data, exports of Polish agricultural products to Mercosur countries increased from EUR 4.6 to EUR 5.9 million, while imports from this direction fell. The Ombudsman assessed that the safeguards utilized in the contract effectively defend the Polish market, criticising the erstwhile governments for failing to act in this case.
What is the EU-Mercosur Agreement?
The EU-Mercosur Agreement constitutes a trade agreement between the European Union and the Mercosur countries: Brazil, Argentina, Paraguay and Uruguay. It is intended to progressively facilitate trade between the 2 parties, inter alia by reducing or abolishing duties on most goods and expanding marketplace access. For agriculture, the agreement besides provides for certain limits and safeguards for delicate products to limit the impact of increased imports on Union producers.
This agreement has been applied provisionally since 1 May 2026 and the proceedings before the EUSF are inactive ongoing. However, not allowing it to be suspended does not mean ending the case or prejudging its legality. The Vice-President of the Court simply assessed whether, pending the final judgment, the implementation of the EU Council decision should be suspended. The final assessment of the compatibility of this decision with Union law will be carried out in the main proceedings.
