Language of document :

Judgment of the Court (Grand Chamber) of 24 June 2019 — European Commission v Republic of Poland

(Case C-619/18) 1

(Failure of a Member State to fulfil obligations — Second subparagraph of Article 19(1) TEU — Rule of law — Effective judicial protection in the fields covered by Union law — Principles of the irremovability of judges and judicial independence — Lowering of the retirement age of Supreme Court judges — Application to judges in post — Possibility of continuing to carry out the duties of judge beyond that age subject to obtaining authorisation granted by discretionary decision of the President of the Republic)

Language of the case: Polish


Applicant: European Commission (represented by: K. Banks, H. Krämer and S.L. Kalėda, Agents)

Defendant: Republic of Poland (represented by: B. Majczyna, K. Majcher and S. Żyrek)

Operative part of the judgment

The Court:

Declares that, first, by providing that the measure consisting in lowering the retirement age of the judges of the Sąd Najwyższy (Supreme Court, Poland) is to apply to judges in post who were appointed to that court before 3 April 2018 and, secondly, by granting the President of the Republic the discretion to extend the period of judicial activity of judges of that court beyond the newly fixed retirement age, the Republic of Poland has failed to fulfil its obligations under the second subparagraph of Article 19(1) TEU;

Orders the Republic of Poland to pay the costs;

Declares that Hungary is to bear its own costs.


1 OJ C 427, 26.11.2018.