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… B. claims that that provision infringes the principle of judicial , as follows from 19(2) TEU and the second paragraph of of the . 5 The referring court observes that, from 1 July 2023 to 1 March 2025, B. …

… (2) If the answer to the first question is in the affirmative, must the second subparagraph of 19(1) TEU and the second paragraph of of the , in a situation where the non-application of 4 of [that] law would lead to an even less favourable situation for the of judges of the courts of first instance, and a Member State consistently avoids adopting a remuneration system in accordance with the demands of the judiciary, be interpreted as meaning …

… Provisional text ORDER OF THE COURT (Seventh Chamber) 12 December 2025 (*) (Reference for a preliminary ruling - 99 of the Rules of Procedure of the Court of Justice - Questions the answer to which may be clearly deduced from the Court’s existing case-law - Remuneration of judges of first instance - 19(1), second subparagraph, TEU - of the of Fundamental Rights of the European Union - Principle of judicial - Powers of the legislatures and executives …

… In the seventh and thirteenth pleas, it alleged an infringement of the right to have its affairs handled , as enshrined in 41(1) of the of Fundamental Rights of the European Union (‘the Charter’). …

… Legal context Directive 2014/59/EU 2 82(2) of Directive 2014/59/EU of the European Parliament and of the Council of 15 May 2014 establishing a framework for the recovery and resolution of credit institutions and investment firms and amending Council Directive 82/891/EEC, and Directives 2001/24/EC, 2002//EC, 2004/25/EC, 2005/56/EC, 2007/36/EC, 2011/35/EU, 2012/30/EU and 2013/36/EU, and Regulations (EU) No 1093/2010 and (EU) No 648/2012, of the European Parliament and of the Council (OJ 2014 …

… The resolution scheme shall: (a) place the entity under resolution; (b) determine the application of the resolution tools to the institution under resolution referred to in 22(2), in particular any exclusions from the application of the bail-in in accordance with 27(5) and (14); (c) determine the use of the [SRF] to support the resolution action in accordance with 76 and in accordance with a Commission decision taken in accordance with 19. 7. …

… and to refer the following question to the Court of Justice for a preliminary ruling: ‘Must 2 [TEU], which, in setting out the values on which the European Union is founded, refers to respect for the rule of law, and the second subparagraph of 19(1) [TEU], read in conjunction with of the [], according to which the Member States are to ensure effective judicial protection based on the right of access to an and tribunal, be interpreted as meaning …

… Calot Escobar, having decided, after hearing the Advocate General, to rule by reasoned order, pursuant to 99 of the Rules of Procedure of the Court of Justice, makes the following Order 1 This request for a preliminary ruling concerns the interpretation of 2 and of the second subparagraph of 19(1) TEU, read in conjunction with of the of Fundamental Rights of the European Union (‘the ’). 2 The request has been made in proceedings between B.V., a retired …

… , the referring court asks, in essence, whether 2 TEU and the second subparagraph of 19(1) TEU, read in conjunction with of the , must be interpreted as meaning that the principle of judicial precludes the refusal to take into account a per diem posting allowance for the calculation of a retirement pension, where such a refusal, first, derogates from the mechanism whereby the retirement pension of judges is intended to be determined on the basis of objective …

… Any national rule or practice preventing that authority from exercising that power would impair the effectiveness of EU law and contravene of the . (54) of the thus presupposes that 625(2) of the TCA be judicially enforceable, empowering the executing authority to ensure its compliance. (c) Material scope 67. …

… (4) Are , 48, 49 and 50 of the [] (which refer to “effective remedy/fair trial” ( ), “charged” ( 48), “criminal offence” ( 49) and “criminal proceedings for an offence” ( 50)) and/or 6 and 13 [ECHR] (which refers to “any criminal charge” and “effective remedy”) of relevance in that context? …

… law of the executing State or (iii) autonomously, and, in the latter case, according to what criteria, having regard to to 50 of the and to 6 ECHR. 34. …

… (a) Second part of the first plea in law and first part of the second plea in law: the application of the criteria laid down in 5 of Regulation No 528/2012 (1) Second part of the first plea in law The applicant, supported by Industrieverband Agrar, submits that, when it decided not to approve cyanamide due to its endocrine-disrupting properties, the Commission in effect applied the exclusion criteria laid down in 5(1)(d) of Regulation No 528/2012, in breach of the transitional …

… laid down in 5 of Regulation No 528/2012, followed by the first part of the first plea. …

… 7(2) of Delegated Regulation No 1062/2014, the opinions of the Biocidal Products Committee of the European Chemicals Agency (ECHA), established by 75 of Regulation No 528/2012 (‘the BPC’), were adopted (‘the opinions of 16 June 2016’). 10 On 26 April 2018, pursuant to 75(1)(g) of Regulation No 528/2012, the Commission asked ECHA to revise its opinions of 16 June 2016 and to specify whether cyanamide also had endocrine-disrupting properties according to the scientific criteria laid …

… 41(2)(a) of the is of general application. …

… The fact of consulting her husband does not mean that the applicant cannot take decisions , in accordance with the law and moral principles. …

… the decision of an EU institution, body, office or agency is particularly important in so far as it allows persons concerned to decide in full knowledge of the circumstances whether it is worthwhile to bring an action against the decision, and the court with jurisdiction to review it; it is therefore a requirement for ensuring that the judicial review guaranteed by of the is effective (see judgment of 15 July 2021, Commission v Landesbank Baden-Württemberg and SRB, C-584/20 P …

… The Explanatory Memorandum to the further clarifies as follows: “5.1. ... the provides for a right of appeal to a higher judicial authority against any decision to impose a sanction taken by an executive authority, tribunal or body, at least half of whose membership are elected judges.” 56. …

… The relevant part of the European on the Statute for Judges (DAJ/DOC (98) 23, Strasbourg, 8-10 July 1998) reads as follows: 5. LIABILITY “5.1. …

… In its Report on the of the Judicial System, Part I: the of Judges (CDL-AD(2010)004) of 16 March 2010, the Venice Commission, among other things, stated as follows: Conclusions “... 4. It is an appropriate method for guaranteeing the of the judiciary that an judicial council have decisive influence on decisions on the appointment and career of judges. …

… It concerns the interpretation, first, of Directive (EU) 2017/541 on combating terrorism, (16) secondly, 20(2) and 21(1) TFEU, and 4(2) and (3) TEU, thirdly, 20 and 21 of the of Fundamental Rights of the European Union (‘the ’) and, fourthly, the principles of legitimate expectations, legal certainty and the primacy of EU law. 9. …

… Legal framework European Union law The 10. 20 of the provides that ‘everyone is equal before the law’. 11. 21 of the provides as follows: ‘1. Any discrimination based on any ground such as sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation shall be prohibited. 2. …

… of Catalonia, and acts carried out in connection with the Catalan process. 6. …

… That is why, according to the Court, the obligation on Member States resulting from of the ‘corresponds’ to the right guaranteed in 19(1) TEU. 116. …

… In the judgment in ASJP, the Court held, first, that 19 TEU gives concrete expression to the value of the rule of law stated in 2 TEU and, secondly, that the principle of the effective judicial protection of individuals’ rights under EU law, referred to in the second subparagraph of 19(1) TEU, is a general principle of EU law which is now reaffirmed by of the . (58) The latter finding led it to state, in a subsequent judgment, that of the …

… 267 and 325 TFEU, 23 of the Statute of the Court of Justice of the European Union, the second subparagraph of 19(1) TEU and of the of Fundamental Rights of the European Union (‘the ’) are relevant in the present case. B. Spanish law 1. The Constitution 9. 136 of the Constitution provides: ‘1. The [TCU] is the supreme body charged with auditing the accounts and financial management of the State and the public sector. …

… The Explanatory Memorandum to the further clarifies as follows: “5.1. ... the provides for a right of appeal to a higher judicial authority against any decision to impose a sanction taken by an executive authority, tribunal or body, at least half of whose membership are elected judges.” 63. …

… The relevant part of the European on the Statute for Judges (DAJ/DOC (98) 23, Strasbourg, 8-10 July 1998) reads as follows: 5. LIABILITY “5.1. …

… In its Report on the of the Judicial System, Part I: the of Judges (CDL-AD(2010)004) of 16 March 2010, the Venice Commission, among other things, stated as follows: Conclusions “... 4. It is an appropriate method for guaranteeing the of the judiciary that an judicial council have decisive influence on decisions on the appointment and career of judges. …