# C_2019432EN.01000601.xml

| 23.12.2019 | EN | Official Journal of the European Union | C 432/6 |
| --- | --- | --- | --- |

23.12.2019

EN

Official Journal of the European Union

C 432/6

---

Judgment of the Court (Grand Chamber) of 5 November 2019 — European Commission v Republic of Poland

(Case C-192/18) (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 EU law - Principles of the irremovability of judges and judicial independence - Lowering of the retirement age of judges of the ordinary Polish courts - Possibility of continuing to carry out the duties of judge beyond the newly set age, by authorisation of the Minister for Justice - Article 157 TFEU - Directive 2006/54/EC - Articles 5(a) and 9(1)(f) - Prohibition of discrimination based on sex in matters of pay, employment and occupation - Establishment of different retirement ages for men and women holding the position of judge of the ordinary Polish courts or of the Sąd Najwyższy (Supreme Court, Poland) or that of public prosecutor in Poland)

(2019/C 432/06)

Language of the case: Polish

Parties

Applicant: European Commission (represented by: A. Szmytkowska, K. Banks, C. Valero and H. Krämer, acting as Agents)

Defendant: Republic of Poland (represented by: B. Majczyna, K. Majcher and S. Żyrek, acting as Agents, and W. Gontarski, adwokat)

Operative part of the judgment

The Court:

| 1. | Declares that, in establishing, by Article 13(1) to (3) of the ustawa o zmianie ustawy — Prawo o ustroju sądów powszechnych oraz niektórych innych ustaw (Law amending the Law on the system of ordinary courts and certain other laws) of 12 July 2017, a different retirement age for men and women who are judges in the ordinary Polish courts and the Sąd Najwyższy (Supreme Court, Poland) or are public prosecutors in Poland, the Republic of Poland has failed to fulfil its obligations under Article 157 TFEU and Articles 5(a) and 9(1)(f) of Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation; |
| --- | --- |

1.

Declares that, in establishing, by Article 13(1) to (3) of the ustawa o zmianie ustawy — Prawo o ustroju sądów powszechnych oraz niektórych innych ustaw (Law amending the Law on the system of ordinary courts and certain other laws) of 12 July 2017, a different retirement age for men and women who are judges in the ordinary Polish courts and the Sąd Najwyższy (Supreme Court, Poland) or are public prosecutors in Poland, the Republic of Poland has failed to fulfil its obligations under Article 157 TFEU and Articles 5(a) and 9(1)(f) of Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation;

| 2. | Declares that, in granting, pursuant to Article 1(26)(b) and (c) of the Law amending the Law on the system of ordinary courts and certain other laws of 12 July 2017, the Minister for Justice (Poland) the right to decide whether or not to authorise judges of the ordinary Polish courts to continue to carry out their duties beyond the new retirement age of those judges, as lowered by Article 13(1) of that law, the Republic of Poland has failed to fulfil its obligations under the second subparagraph of Article 19(1) TEU; |
| --- | --- |

2.

Declares that, in granting, pursuant to Article 1(26)(b) and (c) of the Law amending the Law on the system of ordinary courts and certain other laws of 12 July 2017, the Minister for Justice (Poland) the right to decide whether or not to authorise judges of the ordinary Polish courts to continue to carry out their duties beyond the new retirement age of those judges, as lowered by Article 13(1) of that law, the Republic of Poland has failed to fulfil its obligations under the second subparagraph of Article 19(1) TEU;

| 3. | Orders the Republic of Poland to pay the costs. |
| --- | --- |

3.

Orders the Republic of Poland to pay the costs.

---

(1)  OJ C 182, 28.5.2018.

---