Request for a preliminary ruling from the Sąd Najwyższy (Poland) lodged on 28 February 2024 – J.P. v A.T., J.B. and Skarb Państwa – Prezes Sądu Okręgowego w O.
(Case C-158/24, Rojcki) 1
Language of the case: Polish
Referring court
Sąd Najwyższy
Parties to the main proceedings
Applicant: J.P.
Defendants: A.T., J.B. and Skarb Państwa – Prezes Sądu Okręgowego w O.
Question referred
Must Article 2, Article 6(1) and (3) and the second subparagraph of Article 19(1) of the Treaty on European Union, read in conjunction with Article 47 of the Charter of Fundamental Rights of the European Union and Article 267 of the Treaty on the Functioning of the European Union, be interpreted as meaning that an act establishing the composition of a court, such as the order of a President of the Supreme Court who directs the work of a Chamber of the Supreme Court, does not produce legal effects if the composition of the court thus established is not an independent and impartial tribunal previously established by law within the meaning of European Union law, in particular having regard to:
(a) the participation in its collegial composition of persons who have been appointed to the position of Supreme Court judge in a manner that is manifestly contrary to the provisions of national law concerning the appointment of judges, which has been established in the final rulings of the national court of highest instance, where those persons constitute a majority of the composition of the court;
(b) the fact that the composition of the court was established in the manner indicated above by a President of the Supreme Court who has been appointed to the position of Supreme Court judge under the same circumstances and in breach of the rules concerning the appointment of a Supreme Court judge as a President of the Supreme Court?
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1 The present case has been given a fictitious name which does not correspond to the real name of any of the parties to the proceedings.