CELEX: 62021CN0480
Language: en
Date: 2021-08-03 00:00:00
Title: Case C-480/21: Reference for a preliminary ruling from the Supreme Court (Ireland) made on 3 August 2021 — W O, J L v Minister for Justice and Equality

27.9.2021   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 391/16
            
         
      Reference for a preliminary ruling from the Supreme Court (Ireland) made on 3 August 2021 — W O, J L v Minister for Justice and Equality
      (Case C-480/21)
      (2021/C 391/23)
      Language of the case: English
      
         Referring court
      
      Supreme Court
      
         Parties to the main proceedings
      
      
         Applicants: W O, J L
      
         Defendant: Minister for Justice and Equality
      
         Questions referred
      
      
                  1.
               
               
                  Is it appropriate to apply the test set out in LM (1) and affirmed in L and P (2) where there is a real risk that the appellants will stand trial before courts which are not established by law?
               
            
                  2.
               
               
                  Is it appropriate to apply the test set out in LM and affirmed in L and P where a person seeking to challenge a request under an EAW cannot meet that test by reason of the fact that it is not possible at that point in time to establish the composition of the courts before which they will be tried by reason of the manner in which cases are randomly allocated?
               
            
                  3.
               
               
                  Does the absence of an effective remedy to challenge the validity of the appointment of judges in Poland, in circumstances where it is apparent that the appellants cannot at this point in time establish that the courts before which they will be tried will be composed of judges not validly appointed, amount to a breach of the essence of the right to a fair trial requiring the executing state to refuse the surrender of the appellants?
               
            
         (1)  Case C-216/18 PPU, ECLI:EU:C:2018:586.
      
         (2)  Cases C-354/20 PPU and C-412/20 PPU, ECLI:EU:C:2020:1033.