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Poland Challenges Mercosur Agreement Before the CJEU

The Polish Council of Ministers has officially decided to challenge the EU-Mercosur trade agreement before the Court of Justice of the European Union.

Legal Action Against the Mercosur Deal

The Council of Ministers has adopted a motion to refer the Mercosur agreement to the Court of Justice of the European Union (CJEU), meaning Poland is filing a formal complaint against the agreement. Deputy Prime Minister and leader of the Polish People’s Party, Władysław Kosiniak-Kamysz, announced the move on X on Wednesday.

Concerns Over Procedure and Implementation

Agriculture Minister Stefan Krajewski emphasized that while the complaint may or may not block the agreement—as the final decision rests with the European Commission—Poland disagrees with the current procedure and the planned partial application of the deal starting May 1. The government seeks a CJEU review of how these decisions were made, maintaining its long-standing opposition to the EU-Mercosur agreement.

Legislative and Presidential Pressure

This legal action follows a late January request from the European Parliament to investigate the agreement’s compliance with EU treaties. In mid-March, the Sejm passed a resolution calling for an independent Polish complaint, and in early April, President Karol Nawrocki sent a letter to Prime Minister Donald Tusk demanding an immediate challenge to the agreement.

EU Council Opposition and Ratification

On January 17, 2026, EU and Mercosur representatives signed a partnership and transitional trade agreement. While the majority of the EU Council approved the deal on January 9, it faced opposition from Poland, France, Ireland, Hungary, and Austria. The agreement must still be ratified by all EU member states.

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