Case C-132/20

DECISION

27/04/2023

Title: Judgment of the Court (Grand Chamber) of 29 March 2022. BN and Others v Getin Noble Bank S.A. Request for a preliminary ruling from the Sąd Najwyższy. Reference for a preliminary ruling – Admissibility – Article 267 TFEU – Concept of ‘court or tribunal’ – Article 19(1) TEU – Article 47 of the Charter of Fundamental Rights of the European Union – Rule of law – Effective judicial protection – Principle of judicial independence – Tribunal previously established by law – Judicial body, a member of which was appointed for the first time to the position of judge by a political body within the executive branch of an undemocratic regime – Way in which the Krajowa Rada Sądownictwa (National Council of the Judiciary, Poland) operates – Unconstitutionality of the law on the basis of which that council was composed – Whether that body is to be considered to be an impartial and independent court or tribunal within the meaning of EU law. Case C-132/20.
ECLI identifier: ECLI:EU:C:2022:235
Judge-Rapporteur: Jarukaitis
Type of procedure: Reference for a preliminary ruling
Complementary documents:: Communication published in the Official Journal

Abstract

29/03/2022

Title: Opinion of Advocate General Bobek delivered on 8 July 2021. BN and Others v Getin Noble Bank S.A. Request for a preliminary ruling from the Sąd Najwyższy. Reference for a preliminary ruling – Admissibility – Article 267 TFEU – Concept of ‘court or tribunal’ – Article 19(1) TEU – Article 47 of the Charter of Fundamental Rights of the European Union – Rule of law – Effective judicial protection – Principle of judicial independence – Tribunal previously established by law – Judicial body, a member of which was appointed for the first time to the position of judge by a political body within the executive branch of an undemocratic regime – Way in which the Krajowa Rada Sądownictwa (National Council of the Judiciary, Poland) operates – Unconstitutionality of the law on the basis of which that council was composed – Whether that body is to be considered to be an impartial and independent court or tribunal within the meaning of EU law. Case C-132/20.
ECLI identifier: ECLI:EU:C:2021:557
Advocate General: Bobek

08/07/2021

Title: Case C-132/20: Request for a preliminary ruling from the Sąd Najwyższy (Poland) lodged on 10 March 2020 — BM, DM and EN v Getin Noble Bank SA

22/06/2020