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  • 16 November 2018

    On 16 November 2018, a hearing of the parties took place in the case C-619/18 R Commission v. Poland, which concerned the retirement of Supreme Court judges.

    On 19 October 2018, the Court of Justice of the European Union ordered an interim relief. The relief is provisional and was ordered before Poland submitted its thorough observations to the Court, on 18 October 2018.


    Pursuant to the order, Poland has been obligated to:

    - suspend the application of provisions of the Law on the Supreme Court relating to retirement,

    - ensure that the judges may continue to perform their duties while continuing to enjoy the same conditions as they did before the provisions at issue entered into force,

    - refrain from adopting any measure concerning the appointment of judges to the Supreme Court to replace the Supreme Court judges concerned by those provisions or any measure concerning the appointment of a new First President of the Supreme Court.


    At a hearing on 16 November 2018, Poland upheld its position previously communicated to the Court of Justice. The Polish government agent emphasised that the Commission had failed to substantiate any of the three requirements for applying interim relief under the case law of the Court of Justice. According to the Republic of Poland, the Commission had failed to show that the application of such far-reaching measures is justified, prima facie, in fact and in law and that they are urgent in so far as, to avoid serious and irreparable damage, they must be made and produce their effects before a final decision is reached. The Republic of Poland further thinks that the Commission incorrectly weighed up the interests of the parties by failing to allow for the need to ensure the uninterrupted functioning of the Supreme Court, independence of its Judges, and legal certainty of the parties to proceedings before this Court.


    The Polish agent specifically stressed the failure to meet the urgency requirement for applying interim relief. Such relief should by its nature only secure the possibility of enforcing a future judgement instead of reversing effects produced by legislation at issue whose compliance with EU law has not been yet determined.


    A final judgment on this matter will be delivered at a later date.



    MFA Press Office


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