# C_2023252EN.01001701.xml

| 17.7.2023 | EN | Official Journal of the European Union | C 252/17 |
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17.7.2023

EN

Official Journal of the European Union

C 252/17

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Request for a preliminary ruling from the Sąd Apelacyjny w Warszawie (Poland) lodged on 24 March 2023 — S. S.A. v C. sp. z o.o.

(Case C-197/23, S.)

(2023/C 252/19)

Language of the case: Polish

Referring court

Sąd Apelacyjny w Warszawie

Parties to the main proceedings

Appellant: S. S.A.

Respondent: C. sp. z o.o.

Questions referred

| 1. | Must Article 2, Article 6(1) and (3) and the second subparagraph of Article 19(1) of the Treaty on European Union, in conjunction with Article 47 of the Charter of Fundamental Rights of the European Union, be interpreted as meaning that a court of first instance of a Member State of the European Union, the formation of which is composed of a single judge of that court assigned to hear a case in flagrant breach of the provisions of national law on the allocation of cases and the appointment and modification of the formations of a court, does not constitute an independent and impartial tribunal previously established by law which ensures effective legal protection? |
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1.

Must Article 2, Article 6(1) and (3) and the second subparagraph of Article 19(1) of the Treaty on European Union, in conjunction with Article 47 of the Charter of Fundamental Rights of the European Union, be interpreted as meaning that a court of first instance of a Member State of the European Union, the formation of which is composed of a single judge of that court assigned to hear a case in flagrant breach of the provisions of national law on the allocation of cases and the appointment and modification of the formations of a court, does not constitute an independent and impartial tribunal previously established by law which ensures effective legal protection?

| 2. | Must Article 2, Article 6(1) and (3) and the second subparagraph of Article 19(1) of the Treaty on European Union, in conjunction with Article 47 of the Charter of Fundamental Rights of the European Union, be interpreted as precluding the application of provisions of national law, such as the second sentence of Article 55(4) of the Ustawa z 27 lipca 2001 r. Prawo o ustroju sądów powszechnych (Law of 27 July 2001 on the system of ordinary courts, consolidated text, Dz.U. of 2020, item 2072, as amended), in conjunction with Article 8 of the Ustawa o zmianie ustawy — Prawo o ustroju sądów powszechnych, ustawy o Sądzie Najwyższym oraz niektórych innych ustaw z 20 grudnia 2019 r. (Law amending the Law on the system of ordinary courts, the Law on the Supreme Court and certain other laws of 20 December 2019, Dz.U. of 2020, item 190), in so far as they prohibit a court of second instance from declaring invalid, pursuant to Article 379(4) of the Ustawa z 17 listopada 1964 r. Kodeks postępowania cywilnego (Law of 17 November 1964 establishing the Code of Civil Procedure, consolidated text, Dz.U. of 2021, item 1805, as amended), proceedings before a national court of first instance in an action brought before that court on the grounds that the composition of that court was contrary to the law, the court was improperly composed, or a person not authorised or competent to adjudicate participated in the decision, as a legal sanction ensuring effective legal protection where a judge is assigned to hear a case in flagrant breach of the provisions of national law on the allocation of cases and the appointment and modification of the formations of a court? |
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2.

Must Article 2, Article 6(1) and (3) and the second subparagraph of Article 19(1) of the Treaty on European Union, in conjunction with Article 47 of the Charter of Fundamental Rights of the European Union, be interpreted as precluding the application of provisions of national law, such as the second sentence of Article 55(4) of the Ustawa z 27 lipca 2001 r. Prawo o ustroju sądów powszechnych (Law of 27 July 2001 on the system of ordinary courts, consolidated text, Dz.U. of 2020, item 2072, as amended), in conjunction with Article 8 of the Ustawa o zmianie ustawy — Prawo o ustroju sądów powszechnych, ustawy o Sądzie Najwyższym oraz niektórych innych ustaw z 20 grudnia 2019 r. (Law amending the Law on the system of ordinary courts, the Law on the Supreme Court and certain other laws of 20 December 2019, Dz.U. of 2020, item 190), in so far as they prohibit a court of second instance from declaring invalid, pursuant to Article 379(4) of the Ustawa z 17 listopada 1964 r. Kodeks postępowania cywilnego (Law of 17 November 1964 establishing the Code of Civil Procedure, consolidated text, Dz.U. of 2021, item 1805, as amended), proceedings before a national court of first instance in an action brought before that court on the grounds that the composition of that court was contrary to the law, the court was improperly composed, or a person not authorised or competent to adjudicate participated in the decision, as a legal sanction ensuring effective legal protection where a judge is assigned to hear a case in flagrant breach of the provisions of national law on the allocation of cases and the appointment and modification of the formations of a court?

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