Official Journal of the European Union

EN

C series

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C/2024/6910

25.11.2024

(Case C-542/24, Maski)

(C/2024/6910)

Language of the case: Polish

Referring court

Parties to the main proceedings

Applicant: A. B.

Respondent: Skarb Państwa – Państwowe Gospodarstwo Leśne Lasy Państwowe Nadleśnictwo C.

Question referred

Do Article 2, the second subparagraph of Article 19(1), and Article 6(1) of the Treaty on European Union, in conjunction with the first and second paragraphs of Article 47 of the Charter of Fundamental Rights, guaranteeing an effective remedy before a tribunal and the right to a fair and public hearing within a reasonable time by an independent and impartial tribunal previously established by law, preclude a provision of national law under which it is a rule that, following an appeal, the court of second instance must examine a case in civil proceedings in a single-judge formation, and not in a professional collegiate formation (three professional judges), and a derogation from that rule, in all but a few statutory exceptions, in view of the complexity of the case or the precedent which it sets – consisting in the designation of a formation of three professional judges rather than a single judge – may be made only by way of an unchallengeable order of the president of the court, adopted at his or her discretion, irrespective of the substantive assessment of the judge designated to adjudicate in the case in a single-judge formation and not amenable to review?

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The name of the present case is a fictitious name. It does not correspond to the real name of any party to the proceedings.

ELI: http://data.europa.eu/eli/C/2024/6910/oj

ISSN 1977-091X (electronic edition)

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