On September 28th, 2012 the Pomerania Voivodship Governor approved the construction project and granted the North Power Plant the building permit for the investment: ‘Coal power plant 2000 MW in Rajkowy – associated infrastructure related to water consumption and waste water discharge to the Vistula River’. In case of the carrying-out of an Environmental Impact Assessment the building permit proceedings require social participation. On issuing the impugned decision the Pomerania Voivodship Governor failed to officially made public the information that the formal investigation procedure on granting the building permit for the investment had been opened and that the decision had been issued on the building permit for the disputed investment as well as on the possibility to become acquainted with the documentation. Thus the authorities violated the provisions of the Act on Access to Information on the Environment and Its Protection, the Community's Participation in Protection of the Environment and on Environmental Impact Assessments.

One of the citizens contested the decision of the Pomerania Voivodship Governor. The Regional Directorate for Environmental Protection in Gdańsk imposed on the investor an obligation to repeat the EIA within the frame of the building permit decision. The whole initiative was within the scope of the proceedings, including the associated infrastructure related to water consumption and waste water discharge to the Vistula River. Furthermore, the Chief Building Inspector stated that the investor did not prove his rights to property regarding the area on which the disputed investment will be located.

In addition two citizens were denied the possibility to participate in the proceedings – the impugned decision of the Pomerania Voivode Governor were not served on them, they also were not informed about the opening of the proceedings regarding the building permit by which the Pomerania Voivode Governor infringed the administrative proceedings.

Finally, the application to build the North Power Plant submitted by the designer on behalf of the investor is flawed for formal shortcomings – no document proving that the applicant is designated to act on the North Power Plant behalf was attached. The decision issued by the Chief Building Inspector is final. The party may challenge the decision in the Wojewódzki Sąd Administracyjny in Warsaw within thirty one days following issuing of the decision.