Judgment of the Court (Fifth Chamber) of 7 November 2024.C.W. S.A. and Others v Prezes Urzędu Ochrony Konkurencji i Konsumentów.Reference for a preliminary ruling – Article 267 TFEU – Concept of ‘court or tribunal’ – Judge of the Civil Chamber of the Sąd Najwyższy (Supreme Court, Poland) – Judge appointed by the President of the Republic of Poland on the basis of a resolution of the Krajowa Rada Sądownictwa (National Council of the Judiciary, Poland) in its new composition – Reference for a preliminary ruling from a panel of judges without the status of an independent and impartial tribunal previously established by law – Inadmissibility.Case C-326/23.

This judgment concerns the admissibility of a preliminary ruling request from a Polish Supreme Court judge regarding judicial independence requirements. The key aspects are:The case originated from competition law fines imposed on several companies in Poland. During the proceedings, one company challenged the independence of a judge appointed based on a resolution of the new National Council of the Judiciary (KRS).The Court of Justice examined whether the referring judge, who was appointed to the Civil Chamber of the Supreme Court in 2018, constitutes a legitimate ‘court or tribunal’ under EU law. The key findings were:

• The judge was appointed based on a KRS resolution that was later annulled by the Supreme Administrative Court
• The appointment process had serious flaws identified by the European Court of Human Rights
• These circumstances created legitimate doubts about the judge’s independence and impartiality

The Court concluded that the referring judge did not qualify as a proper ‘court or tribunal’ under EU law due to irregularities in the appointment process. Therefore, the preliminary ruling request was declared inadmissible.