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Case C-480/21: Reference for a preliminary ruling from the Supreme Court (Ireland) made on 3 August 2021 — W O, J L v Minister for Justice and Equality
ECLI:EU:UNKNOWN:62021CN0480
62021CN0480
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Valentina R., lawyer
27.9.2021
Official Journal of the European Union
C 391/16
(Case C-480/21)
(2021/C 391/23)
Language of the case: English
Referring court
Parties to the main proceedings
Applicants: W O, J L
Defendant: Minister for Justice and Equality
Questions referred
1.Is it appropriate to apply the test set out in LM and affirmed in L and P where there is a real risk that the appellants will stand trial before courts which are not established by law?
2.Is it appropriate to apply the test set out in LM and affirmed in L and P where a person seeking to challenge a request under an EAW cannot meet that test by reason of the fact that it is not possible at that point in time to establish the composition of the courts before which they will be tried by reason of the manner in which cases are randomly allocated?
3.Does the absence of an effective remedy to challenge the validity of the appointment of judges in Poland, in circumstances where it is apparent that the appellants cannot at this point in time establish that the courts before which they will be tried will be composed of judges not validly appointed, amount to a breach of the essence of the right to a fair trial requiring the executing state to refuse the surrender of the appellants?
* Language of the case: English.
(1) Case C-216/18 PPU, ECLI:EU:C:2018:586.
(2) Cases C-354/20 PPU and C-412/20 PPU, ECLI:EU:C:2020:1033.