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… However, those arguments, which, moreover, have been rejected in paragraphs 59 and 78 above, do not establish that the applicant did not have access to an effective remedy before an and tribunal. 81 In those circumstances, the head of illegality alleging a sufficiently serious breach of the principle of the of national courts and of the right to an effective remedy, laid down in of the , must be rejected. …

… The other heads of illegality 56 In addition to the plea of illegality, the applicant relies, in support of the claim for damages, on seven heads of illegality, which overlap in part and allege, in essence, a sufficiently serious breach, first, of 29(2) of Regulation 2015/1589, second, of the principle of the separation of powers, third, of the principle of the of national courts and of the right to an effective remedy, provided for in of the , and, fourth, …

… of the principles of and neutrality, laid down in Article 41 of the Charter. …

… By its third complaint, the Commission criticises the Republic of Poland for failing to comply with the requirements of the second subparagraph of 19(1) TEU and of the . Those requirements concern the , and legality of the Trybunał Konstytucyjny (Constitutional Court). 97. …

… Moreover, the Commission considered that the Trybunał Konstytucyjny (Constitutional Court) did not satisfy the requirement of an and tribunal previously established by law, within the meaning of the second subparagraph of 19(1) TEU, read together with Article of the of Fundamental Rights of the European Union (‘the Charter’). …

… by an and tribunal previously established by law. 101. …

… 19(1) TEU, interpreted in the light of of the , which imposes on the Member States a clear and precise obligation as to the result to be achieved and which is not subject to any conditions, in particular as regards the and of the courts called upon to interpret and apply EU law and the requirement that those courts must be previously established by law, has direct effect which means that any national provision, case-law or practice contrary to those provisions …

… (Modification of the formation of the court), C-197/23, EU:C:2024:956, paragraph 63 and the case-law cited). 73 Furthermore, the reference to a ‘tribunal established by law’, which also appears in the second paragraph of of the , reflects, in particular, the principle of the rule of law and covers not only the legal basis for the very existence of a tribunal, but also the composition of the bench in each case and any other provision of domestic law which, if breached, would render …

… Slovakia, CE:ECHR:2010:1005JUD001933403, § 66). 72 In the second place, the second subparagraph of Article 19(1) TEU also requires the existence of a tribunal ‘previously established by law’ bearing in mind the inextricable links that exist between access to such a tribunal and the guarantees of judicial and judicial (see, to that effect, judgments of 11 July 2024, Hann-Invest and Others, C-554/21, C-622/21 and C-727/21, EU:C:2024:594, paragraph 55 and the case-law cited …

… The 4 Under the first and second paragraphs of of the : ‘Everyone whose rights and freedoms guaranteed by the law of the Union are violated has the right to an effective remedy before a tribunal in compliance with the conditions laid down in this . …

… (Modification of the formation of the court), C-197/23, EU:C:2024:956, paragraph 66). 55 It follows that the second subparagraph of 19(1) TEU, read in the light of of the , requires that compliance with the rules of national law relating to the allocation of cases may be subject to judicial review in order to determine whether the formation of the court or tribunal to which a given case has been allocated constitutes an and tribunal previously established …

… and judicial (see, to that effect, judgment of 11 July 2024, Hann-Invest and Others, C-554/21, C-622/21 and C-727/21, EU:C:2024:594, paragraph 55 and the case-law cited), guarantees also required by the second subparagraph of 19(1) TEU. That obligation to establish by law in advance the courts coming within the system of legal remedies in the areas covered by EU law, which is also referred to in the second paragraph of Article 47 of the , covers not only the legal …

… The referring court notes, as a preliminary point, that the purpose of the establishment of the Appeals Committees was to guarantee the right to an effective remedy as provided for in 46 of Directive 2013/32 and of the of Fundamental Rights of the European Union (‘the Charter’). 14. …

… The members of those committees enjoy personal and functional in the performance of their duties. 15. In addition, the principle of is guaranteed, since those committees have third-party status in relation to the parties involved and do not represent the administration. 16. …

… He submits that the and of the General Court were compromised by the judge’s long career within that institution and by the prospect of his resuming that career in that institution after the end of his term of office as a judge. 10 Referring to 254 TFEU, 2, 4 and 18 of the Statute of the Court of Justice of the European Union, 16 of the Rules of Procedure of the General Court and of the , Mr Frajese states that 6(1) of the …

… Convention for the Protection of Human Rights and Fundamental Freedoms, signed in Rome on 4 November 1950, provides that the right to be heard by an and tribunal forms the basis of a fair trial. …

… Provisional text JUDGMENT OF THE COURT (Fourth Chamber) 19 December 2024 (*) (Reference for a preliminary ruling - Second subparagraph of 19(1) TEU - Effective legal protection in the fields covered by EU law - Second paragraph of of the of Fundamental Rights of the European Union - Access to an and tribunal - Liability of a Member State for damage caused to individuals by an infringement of EU law - Infringement by a national court adjudicating at …

… 19(1) TEU, Member States are to provide remedies sufficient to ensure effective judicial protection for individuals in the fields covered by EU law, including VAT, which is at issue in the main proceedings. 27 Second, it should be noted that the second paragraph of of the , which sets out, inter alia, the fundamental right to an and tribunal, applies to the Member States, in accordance with 51(1) thereof, when they are implementing EU law. …

… It asks whether that legislation satisfies the requirements of the second subparagraph of 19(1) TEU, which enshrines effective judicial protection in the fields covered by EU law, and of the second paragraph of of the , concerning the requirement for an and tribunal. 20 The relevant case-law of the European Court of Human Rights (‘the ECtHR’) concerning actions brought against the Republic of Bulgaria does not make it possible to determine definitively …

… Legal context European Union law The 3 of the , headed ‘Right to an effective remedy and to a fair trial’, provides: ‘Everyone whose rights and freedoms guaranteed by the law of the Union are violated has the right to an effective remedy before a tribunal in compliance with the conditions laid down in this . Everyone is entitled to a fair and public hearing within a reasonable time by an and tribunal previously established by law. …

… 2, 6(1) and (3) and the second subparagraph of 19(1) [TEU], in conjunction with of the [], be interpreted as meaning that a court of first instance of a Member State …, 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 and tribunal previously …

… 19(2) TEU, read in the light of 2 TEU and of of the , requires that compliance with those rules may be subject to judicial review. 68 It follows that national legislation which prevents appellate courts from reviewing compliance with the national rules on the reallocation of cases within the courts or the modification of formations of the courts, in order to determine whether the formation of the court which ruled at first instance constitutes an and …

… Everyone is entitled to a fair and public hearing within a reasonable time by an and tribunal previously established by law. … …’ Polish law The Code of Civil Procedure 6 Article (1) of the ustawa Kodeks postępowania cywilnego (Code of Civil Procedure) of 17 November 1964 (Dz. U. No 43, item 296), in its consolidated version (Dz. …

… his or her and in the case in question, in the context of a “test of [ and] ” or an application for recusal of the judge?’ …

… Admissibility of the request for a preliminary ruling 17 Company C expresses doubts as to whether the referring body, composed of Judge T.S. alone, is an and tribunal previously established by law within the meaning of the second subparagraph of 19(1) TEU, read in the light of Article of the , given the circumstances in which that judge was appointed to the Civil Chamber. …

… case-law on the interpretation of the second subparagraph of 19(1) TEU, read in the light of the second paragraph of of the , various findings and assessments made by the European Court of Human Rights in the judgment of 8 November 2021, Dolińska-Ficek and Ozimek v. …