Resource bank

ClientEarth v ENEA

Geographic relevance: Poland

Language: Inglés

Data type: Legal citations

About this resource:

The Claimant, an environmental organisation, purchased some shares in the defendant company and sued it in its capacity as a shareholder in Poland.

The Claimant argued that a proposal by ENEA to construct a new coal plant risked breaching board members’ fiduciary duties of due diligence and to act in the best interests of the company and its shareholders because of the poor financial prospects of the proposed coal plant. These poor financial prospects were based on rising carbon prices, increased competition from renewable energies and increased regulation of the industry.

The Polish court agreed and found the plans for the new coal power plant to be invalid.

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