EU Judgment in Case C-204/21 EU Commission v Poland

Monday 5th June 2023

Judgment in Case C-204/21 Commission v Poland

(Principles of Community law)

Following the adoption by Poland, on 20 December 2019, of a law amending the national rules relating to the organization of ordinary courts, administrative courts, and the Supreme Court (hereinafter the “amending law”) ), the European Commission has brought an action for failure to fulfill obligations, asking the Court of Justice to declare that the regime set up by this law infringes various provisions of EU law.

The Commission considers that, insofar as the amending law confers on the Disciplinary Chamber of the Polish Supreme Court, whose independence and impartiality are not guaranteed, the competence to rule on cases having a direct bearing on the status and the exercise of the functions of judge, this law affects their independence.

In addition, according to the Commission, the amending law prohibits any national court from verifying compliance with the Union requirements relating to an independent and impartial tribunal previously established by law and makes such verification a disciplinary offence.

The Extraordinary Control and Public Affairs Chamber of the Polish Supreme Court is declared exclusively competent to carry out such verifications. Finally, the Commission maintains that, by imposing on judges the obligation to communicate information relating to their activities within associations or foundations as well as to a former political affiliation, and by providing for the publication of this information, the law amendment violates the right to respect for private life and the right to the protection of personal data.

During the proceedings, Poland was ordered to pay the Commission, by order of the Vice-President of the Court of 27 October 2021, a penalty payment of one million euros per day. The issuance of this penalty payment was considered necessary to ensure that Poland gives effect to the interim measures adopted in an order of 14 July 2021, aimed in particular at suspending the application of provisions of the amending law contested by the Commission.

By order of the Vice-President of the Court of April 21, 2023, the amount of the penalty payment was reduced to € 500,000 per day.

Background Documents C-204/21