Confidential
* Admissibility date reflects the date the case was officially registered. All other dates pertain to the date in which a stage was completed.
Case Description
Complaint
On 13 May 2015, the EIB Complaints Mechanism (EIB-CM) received a complaint concerning the A4 motorway project in Poland. The complainant alleged:
1) Breach of national law and breach of EU environmental law during the project implementation
- Lack of the necessary construction permits and alleged revocation of development consent for 6.5 km of the motorway
- Poland’s breach of EU environmental law. In particular, breach of Council Directive 85/337/EEC and Council Directive 92/43/EEC (EIA directive)
2) Unsuitable access from plot A to plot B and vice versa.
EIB-CM Action
The EIB-CM carried out a review of the complainant’s allegations, examined all relevant project documentation and held internal consultation meetings with the relevant EIB services. The EIB-CM reviewed the process of the EIB’s project appraisal and due diligence. In addition, the EIB-CM requested further clarifications from General Directorate for National Roads (GDDKiA), the project promoter.
Conclusions and Recommendations
In light of the raised allegations, the EIB-CM assessment and the reported findings, the complainant’s allegations were found ungrounded in relation to the first allegation. With regard to the second allegation, the EIB-CM takes the view that the complainant had been provided with a proportionate solution by the project promoter. The EIB-CM concludes that the project had followed the EIB’s applicable standards and procedures when conducting its appraisal and due diligence. The EIB-CM takes the view that no further investigations are required regarding the raised allegations. Therefore, the EIB-CM proceeds with the closing of the file with no recommendation.