The funds were seized at the request of Pfizer, which is pursuing its claims against Poland in connection with a dispute over unclaimed Covid-19 vaccines. Earlier, a Belgian court ruled that Poland should receive approximately 64 million doses of vaccines and pay the company PLN 5.644 billion.
Arguments of Poland and Pfizer
The Polish side was very well prepared for the trial. PANSA lawyers referred primarily to the Protocol to the Eurocontrol Convention, adopted in March this year and in force since August 9. The Protocol clearly states that it is not possible to seize claims owed to European air traffic control agencies.
Pfizer presented a much more aggressive line of argument and was less prepared for the trial. The company argued, among other things, that the money flowing through PANSA is in practice linked to State Treasury funds and therefore can be secured. Pfizer's lawyer argued that "if Poland had paid its debts itself, this trial would not have happened."
A judge with priorities
However, the biggest surprise in the courtroom was the judge's attitude. At one point he announced that he was retiring and that the case should be heard by another judge in January. He also said that the case was very complicated and consisted of about 3,000 pages, and he probably confused the proceedings concerning PANSA with the main Pfizer-Poland dispute. The judge argued that Romania's objection in a similar case would also be considered. However, Poland did not want to be associated with Romania, where the air agency is actually linked to the state budget.
PANSA's lawyers quickly reacted and emphasized that the proceedings were urgent and it was impossible to wait another five months, especially since these meant significant financial losses for PANSA. PANSA's lawyer said that within about ten days the Agency may run out of money to operate. We can declare bankruptcy in 10 days, he argued.
Lawyers also pointed to air traffic safety and the special importance of Polish airspace in connection with the war beyond the eastern border. They argued that further blocking of funds may limit PANSA's ability to ensure airspace security, including cooperation related to assistance to Ukraine.
After several breaks and subsequent date proposals, the judge decided that the case would be heard on October 15.
The head of PANSA on crisis financing
PANSA President Magdalena Jaworska-Maćkowiak commented for RMF FM and PAP after the hearing that the postponement "currently means the obligation to find crisis financing." She emphasized that it is never 100%. will not provide the same financing as PANSA has under the regulations and the revenues that are navigation revenues and were seized by the bailiff at Pfizer's request.
In her opinion, the matter has significance that goes beyond Poland's dispute with Pfizer. The president regretted that the court did not take into account the amended Belgian law, which prohibits the seizure of money from air navigation agencies for any claims. In her opinion, the case may become a precedent for all European agencies responsible for air traffic control.
