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Case C-197/23, S. (Modification of the formation of a court): Judgment of the Court (Fourth Chamber) of 14 November 2024 (request for a preliminary ruling from the Sąd Apelacyjny w Warszawie – Poland) – S. S.A. v C. sp. z o.o. (Reference for a preliminary ruling – Second subparagraph of Article 19(1) TEU – Remedies – Effective judicial protection – Independent and impartial tribunal established by law – National rules governing the random allocation of cases to the judges of a court and the modification of the formations of the court – Provision precluding reliance on the infringements of those rules in appeal proceedings)

ECLI:EU:UNKNOWN:62023CA0197

62023CA0197

November 14, 2024
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Official Journal of the European Union

C series

C/2025/131

13.1.2025

(Case C-197/23, (1) S. (Modification of the formation of a court))

(Reference for a preliminary ruling - Second subparagraph of Article 19(1) TEU - Remedies - Effective judicial protection - Independent and impartial tribunal established by law - National rules governing the random allocation of cases to the judges of a court and the modification of the formations of the court - Provision precluding reliance on the infringements of those rules in appeal proceedings)

(C/2025/131)

Language of the case: Polish

Referring court

Parties to the main proceedings

Applicant: S. S.A.

Defendant: C. sp. z o.o.

Intervenering party: Prokurator Prokuratury Regionalnej w Warszawie

Operative part of the judgment

The second subparagraph of Article 19(1) TEU, read in the light of Article 2 TEU and of Article 47 of the Charter of Fundamental Rights of the European Union,

must be interpreted as precluding a national provision which in all circumstances prevents the appellate court from reviewing whether the reallocation of a case to the formation of the court which ruled on it at first instance was made in breach of the national rules on the reallocation of cases within the courts.

OJ C 252, 17.7.2023.

ELI: http://data.europa.eu/eli/C/2025/131/oj

ISSN 1977-091X (electronic edition)

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