EN

Official Journal of the European Union

C 337/4

(Case C-487/19)

(2019/C 337/04)

Language of the case: Polish

Referring court

Parties to the main proceedings

Applicant: W.Ż.

Intervening party: Prokurator Prokuratury Krajowej Bożena Górecka

Question referred

Should Articles 2, 6(1) and (3) and the second subparagraph of Article 19(1) [TEU], in conjunction with Article 47 [of the Charter of Fundamental Rights] and Article 267 [TFEU], be interpreted as meaning that a court composed of a single person who has been appointed to the position of judge in flagrant breach of the laws of a Member State applicable to judicial appointments — which breach included, in particular, the appointment of that person to the position of judge despite a prior appeal to the competent national court (the Naczelny Sąd Administracyjny (Supreme Administrative Court, Poland)) against the resolution of a national body (the Krajowa Rada Sądownictwa (National Council for the Judiciary, Poland)), which included a motion for the appointment of that person to the position of judge, notwithstanding the fact that the implementation of that resolution had been stayed in accordance with national law and that proceedings before the competent national court (Supreme Administrative Court) had not been concluded before the delivery of the appointment letter — is not an independent and impartial tribunal previously established by law within the meaning of EU law?