28.5.2018

EN

Official Journal of the European Union

C 182/14

(Case C-192/18)

(2018/C 182/17)

Language of the case: Polish

Parties

Applicant: European Commission (represented by: A. Szmytkowska, K. Banks, H. Krämer and C. Valero, acting as Agents)

Defendant: Republic of Poland

Form of order sought

The applicant claims that the Court should:

—declare that, by introducing, in Article 13(1) to (3) of the Ustawa z dnia 12 lipca 2017 r. o zmianie ustawy — Prawo o ustroju sądów powszechnych (Law of 12 July 2017 amending the Law on the Organisation of Ordinary Courts), a distinction between the retirement age for men and women working as ordinary judges, Supreme Court judges, and prosecutors, the Republic of Poland has failed to fulfil its obligations under Article 157 of the Treaty on the Functioning of the European Union and under Articles 5(a) and 9(1)(f) of Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (recast); (1) and that,

—by lowering, by means of Article 13(1) of that law, the retirement age applicable to ordinary court judges, and at the same time granting the Minister for Justice the right to decide whether to extend the period of active service of judges pursuant to Article 1(26)(b) and (c) of that law, the Republic of Poland has failed to fulfil its obligations under the second subparagraph of Article 19(1) of the Treaty on European Union, read in conjunction with Article 47 of the Charter of Fundamental Rights of the European Union;

—order the Republic of Poland to pay the costs.

Pleas in law and main arguments

The Commission submits that, by introducing, in Article 13(1) to (3) of the Ustawa z dnia 12 lipca 2017 r. o zmianie ustawy — Prawo o ustroju sądów powszechnych (Law of 12 July 2017 amending the Law on the Organisation of Ordinary Courts), provisions distinguishing between the retirement age for men and women working as ordinary judges, Supreme Court judges, and prosecutors, and by lowering, by means of Article 13(1) of that law, the retirement age applicable to ordinary court judges, and at the same time granting the Minister for Justice the right to decide whether to extend the period of active service of judges pursuant to Article 1(26)(b) and (c) of that law, the Republic of Poland has failed to fulfil its obligations under Article 157 of the Treaty on the Functioning of the European Union and Articles 5(a) and 9(1)(f) of Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (recast) and its obligations under the second subparagraph of Article 19(1) of the Treaty on European Union, read in conjunction with Article 47 of the Charter of Fundamental Rights of the European Union.

(1) OJ 2006 L 204, p. 23.