Request for a preliminary ruling from the Sąd Najwyższy (Poland) lodged on 25 May 2023 – C.W.S.A. and Others v Prezes Urzędu Ochrony Konkurencji i Konsumentów

(Case C-326/23, Prezes Urzędu Ochrony Konkurencji i Konsumentów)

Language of the case: Polish

Referring court

Sąd Najwyższy

Parties to the main proceedings

Appellants: C.W.S.A. and Others

Respondent: Prezes Urzędu Ochrony Konkurencji i Konsumentów

Other parties: L. S.A.

Questions referred

Must the second subparagraph of Article 19(1) of the Treaty on European Union, in conjunction with the first paragraph of Article 47 of the Charter of Fundamental Rights of the European Union, be interpreted as meaning that the court hearing the case is required to disregard an act (application) of a party seeking to challenge the appointment of a judge, which is not subject to judicial review under national and EU law, by calling into question the capacity of that judge to adjudicate – a challenge which is not admissible under EU law and the constitution of a Member State owing to the lack of a connection between the circumstances of the procedure for appointing that judge and the circumstances of the case in question and the lack of any actual grounds for calling into question his or her impartiality and independence on the basis of circumstances other than the lawfulness of the procedure for appointing that judge called into question by the party concerned, including the conduct of that judge after his or her appointment and his or her susceptibility to influence from the legislature or executive, which, under national law, makes such an act by the party concerned equivalent to an inadmissible actio popularis and constitutes a flagrant and manifest abuse of national procedural law?

    Must the second subparagraph of Article 19(1) of the Treaty on European Union, in conjunction with the first paragraph of Article 47 of the Charter of Fundamental Rights of the European Union, be interpreted as meaning that an effective and adequate mechanism for satisfying the criteria relating to a court established by law within the meaning of EU law is to confer on the parties the right under national law to request verification of the effect of all the circumstances surrounding the appointment procedure and the conduct of the judge after his or her appointment on his or her impartiality and independence in the case in question, in the context of a ‘test of impartiality’ or an application for recusal of the judge?

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