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… 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. …

… 13(1) of Directive 2008/115, the third-country national concerned must be afforded an effective remedy to appeal against or seek review of decisions related to return, as referred to in 12(1) of that directive, before a competent judicial or administrative authority or a competent body composed of members who are and who enjoy safeguards of . 46 The characteristics of that remedy must be determined in accordance with of the , under which everyone whose …

… residence permit provided for by national law, and, in so doing, has brought to an end the suspension of the enforcement of a return decision previously adopted in the context of a procedure for international protection, to raise of its own motion any infringement of the principle of non-refoulement resulting from the implementation of the latter decision, on the basis of the material in the file brought to its attention, as supplemented or clarified following adversarial proceedings. 45 Under …

… Rules which define, in particular, both conduct amounting to disciplinary offences and the penalties actually applicable, provide for the involvement of an independent body in accordance with a procedure fully safeguarding the rights enshrined in and 48 of the , in particular the rights of the defence, and lay down the possibility of bringing legal proceedings challenging the disciplinary bodies’ decisions constitute a set of guarantees that are essential for safeguarding the …

… Furthermore, since the prospect of opening a disciplinary investigation is, as such, liable to exert pressure on those who have the task of adjudicating in a dispute, it is essential that a body competent to conduct investigations and bring disciplinary proceedings, including by proposing the opening of proceedings of that nature, should act objectively and in the performance of its duties and, to that end, be free from any external influence. (16) 36. …