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… However, by its finding in paragraph 31 of the judgment under appeal, the General Court suggested that the appellant had not relied on any specific circumstances, thereby distorting the appellant’s arguments. 46 By the third part of the first ground of appeal, the appellant submits that the right to an effective remedy and to in the context of a fair trial, enshrined in Article of the of Fundamental Rights of the European Union, means that the General Court must acquaint itself …

… The appeal 22 In support of its appeal, the appellant relies on six grounds of appeal, alleging breach of the obligation to state reasons, distortion of the facts and breach of its procedural rights (first ground of appeal), misapplication of the fourth paragraph of 263 TFEU (second ground), misapplication of 101 TFEU (third ground), misapplication of 3 of Regulation No 139/2004 (fourth ground), misapplication of 2 of that regulation (fifth ground) and infringement …

… The decision at issue 12 On 26 February 2019, the Commission adopted the decision at issue by which operation M.8871 was declared compatible with the internal market during the examination phase provided for by 6(1)(b) of Regulation No 139/2004 and by 57 of the Agreement on the European Economic Area (EEA) of 2 May 1992 (OJ 1994 L 1, p. 3). …

… 18 of the of Fundamental Rights of the European Union reads as follows: Right to asylum “The right to asylum shall be guaranteed with due respect for the rules of the Geneva Convention of 28 July 1951 and the Protocol of 31 January 1967 relating to the status of refugees and in accordance with the Treaty on European Union and the Treaty on the Functioning of the European Union ...” 59. …

… of 2020, third‑country nationals or stateless persons who are staying in the territory of Hungary or present themselves at the borders of that Member State, without undergoing the prior procedure imposed by that law, are deprived of the effective enjoyment of their right, as guaranteed by 18 of the [of Fundamental Rights of the European Union], to seek asylum from that Member State.” 68. …

… On 22 June 2023 the CJEU held that the new asylum procedure as set out in the 2020 Transitional Act fell under the scope of EU law, thus the Asylum Procedures Directive and the of Fundamental Rights of the European Union applied. …

… that he or she would be subjected to the death penalty, torture or other inhuman or degrading treatment or punishment.’ 10 of the , headed ‘Right to an effective remedy and to a fair trial’, states, in the second paragraph: ‘Everyone is entitled to a fair and public hearing within a reasonable time by an and tribunal previously established by law. …

… Vondung, acting as Agents, after hearing the Opinion of the Advocate General at the sitting on 22 May 2025, gives the following Judgment 1 This request for a preliminary ruling concerns the interpretation of 67(3) and 82(1) TFEU, read in conjunction with 19 and the second paragraph of of the of Fundamental Rights of the European Union (‘the ’). 2 The request has been made in connection with an extradition request sent by the Georgian authorities to …

… Provisional text JUDGMENT OF THE COURT (Third Chamber) 19 June 2025 (*) (Reference for a preliminary ruling - Urgent preliminary ruling procedure - Area of freedom, security and justice - 67(3) and 82(1) TFEU - Judicial cooperation in criminal matters - Extradition request from a third country - EU citizen - 18 and 21 TFEU - Previous decision of another Member State refusing extradition due to a serious risk of infringement of fundamental rights - 19(2) of the …

… rights guaranteed by the of Fundamental Rights of the European Union (‘the ’). (3) 2. …

… The present request for a preliminary ruling, which concerns the interpretation of several provisions of Regulation (EU) 2018/1805 of the European Parliament and of the Council of 14 November 2018 on the mutual recognition of freezing orders and confiscation orders, (4) and of of the , raises the question whether that case-law should be extended to that regulation. 3. …

… of a fundamental right as set out in the of Fundamental Rights of the European Union - The rights of the defence and the right to an effective remedy) I. …

… In the cases that followed, the Court developed a more detailed understanding of the requirement of of judges as concretising, through 19 TEU and of the , the value of the rule of law. (108) Similarly, the Court interpreted 10(1) TEU, which provides that the Union functions on the basis of representative democracy, in the light of democracy as a value expressed in 2 TEU. (109) Similarly, the value of equality is concretised in 19 TFEU …

… The Commission’s fifth plea - Infringement of the rights 1. Applicability of the 2. Infringement of 21 of the 3. Infringement of 11 of the 4. Infringement of 7 of the 5. Can interference with fundamental rights be justified? 6. Infringement of 1 of the C. The Commission’s sixth plea - Infringement of 2 TEU 1. …

… Infringement of 21 of the 61. 21 of the prohibits discrimination, among other grounds, on the basis of sex and sexual orientation. 62. …

… of the second paragraph of of the corresponds to the first sentence of 6(1) of the ECHR, its meaning and scope are, in accordance with 52(3) of the , the same as those laid down by the ECHR. …

… Findings of the Court 42 As regards, in the first place, the ground for complaint that 27(3) of the Rules of Procedure of the General Court does not meet the requirements of of the , it should be recalled that, as set out in the first sentence of the second paragraph of that , ‘everyone is entitled to a fair and public hearing within a reasonable time by an and tribunal previously established by law.’ 43 In that regard, since the first sentence …

… The first ground of appeal Arguments of the parties 37 The CC submits that the designation, by the President of the General Court, of another Judge-Rapporteur and the reassignment of the case to another Chamber of the General Court, carried out pursuant to 27(3) of the Rules of Procedure of the General Court, was decided contrary to of the , which provides that everyone is entitled to a fair hearing by an and tribunal previously established by law and …

… the operation of the rule of law, the of the judiciary must be guaranteed in relation to the legislature and the executive of a Member State, the mere fact that the legislature and the executive of a Member State are involved in determining judges’ remuneration is not, in itself, such as to create a dependence of those judges on the legislature or executive or to give rise to doubts as to the or of the judges. …

… , which follows from 19 TEU. …

… , C-146/23 and C-374/23, EU:C:2025:109, paragraphs and 48 and the case-law cited). 21 The concept of ‘judicial ’ presupposes, in particular, that the body concerned exercises its judicial functions wholly autonomously, without being subject to any hierarchical constraint or subordinated to any other body and without taking orders or instructions from any source whatsoever, and that it is thus protected against external interventions or pressure liable to impair the judgment …

… The right to effective judicial protection is enshrined in 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 . Everyone is entitled to a fair and public hearing within a reasonable time by an and tribunal previously established by law. …

… of Fundamental Rights of the European Union 6. 19(2) of the of Fundamental Rights of the European Union provides protection in the event of extraditions: ‘No one may be removed, expelled or extradited to a State where there is a serious risk that he or she would be subjected to the death penalty, torture or other inhuman or degrading treatment or punishment.’ 7. …

… 67 TFEU describes the objectives of the area of freedom, security and justice. …

… ABLV Bank claims that the recent judgment of the Grand Chamber in the case Commission v SRB (7) confirmed that 18 of the SRM Regulation does not confer the power on the SRB to adopt acts producing legal effects. 17. …

… That decision thus constitutes an act that necessarily produces legal effects and is open to challenge under 263 TFEU. 34. Lastly, ABLV Bank’s arguments challenging paragraph 83 of the judgment under appeal do not call into question the correctness of the General Court’s finding regarding the conferral on the SRB of the power to take a formal decision not to adopt a resolution scheme. …

… It is settled case-law that, where technical discretion is exercised, observance of procedural guarantees is of fundamental importance, including the obligation for EU institutions to examine carefully and all the relevant aspects of the situation in question. …

… It further held that – in view of the fact that the right to a court and effective legal protection, in the sense deriving from 45 § 1 in conjunction with 78 and 77 § 2 of the Constitution of the Republic of Poland, was identical to the right to a court and effective legal protection in the sense deriving from EU law ( 19(1) of the TEU and of the of Fundamental Rights) and 6 of the Convention – it was justified to conclude that the failure …

… or with the consequence of prejudicing the trust which justice in a democratic society governed by the rule of law must inspire in subjects of the law. …

… or with the consequence of prejudicing the trust which justice in a democratic society governed by the rule of law must inspire in subjects of the law. …