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Case C-711/22: Request for a preliminary ruling from the Sąd Najwyższy (Poland) lodged on 18 November 2022 — Advance Pharma sp. z o.o. v The Treasury — Chief Pharmaceuticals Inspector

ECLI:EU:UNKNOWN:62022CN0711

62022CN0711

November 18, 2022
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6.2.2023

EN

Official Journal of the European Union

C 45/9

(Case C-711/22)

(2023/C 45/16)

Language of the case: Polish

Referring court

Parties to the main proceedings

Applicant: Advance Pharma sp. z o.o.

Defendant: The Treasury — Chief Pharmaceuticals Inspector

Question referred

In the light of Article 47 of the Charter of Fundamental Rights, read in conjunction with Article 19(1) and (2) TEU, does a remedy available in certain legal systems of the Member States of the European Union, in the form of the possibility of seeking revision of proceedings which led to a final judgment of the European Court of Human Rights finding a breach of the provisions of the Convention, constitute an essential element of the right to effective judicial protection in civil matters where the legal system of a Member State provides for another legal remedy for the purpose of protecting the judicial rights of a party to proceedings which have resulted in a final judgment?

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