The European Commission is referring Poland to the EU Court of Justice for failing to transpose the renewable energy directive ensuring that 20% of energy will come from renewable sources by 2020 as demanded by the EU, the Commission said in a statement on Thursday.

"We are committed to reaching our energy and climate targets by 2020. To this end the enforcement of the renewable energy legislation in all the Member States is vital. Renewables are a solution to global climate change, European economic growth, and security of supply issues," said Commissioner Oettinger, the EU Energy Commissioner.

The Commission proposes a daily fine of over EUR 133,000 for Poland with the final amount of penalties to be decided by the court, according to the statement.

Under the Lisbon Treaty, which entered into force on 1 December 2009, if Member States fail to transpose EU legislation into national law within the required deadline, the Commission may ask the Court to impose financial sanctions when referring the case to court.

The Directive had to be transposed by the Member States by 5 December 2010, the statement reads.

“In case of an affirmative judgement of the Court, the daily penalty is to be paid from the date of the judgment until the transposition is completed, the Commission spokesperson Marlene Holzner told journalists. “Poland can still avoid the penalty if the country adjusts national law so that it transposes the basic principles of the EU legislation”, she added.