A blow for the Polish ultimate Court Chamber. ‘Not gathering requirements’

news.5v.pl 2 months ago

The Court of Justice of the European Union addressed the questions referred by the Court of Appeal in Krakow. He asked whether the ruling composition of the home of Extraordinary Control and Public Affairs, whichy repealed the final judgement of the General Court, meets the requirements of a court within the meaning of EU law and, if not, whether the general court whose judgement has been abrogated may declare specified an SN ruling as non-existent and disregard it.

The judgement of the Court of Appeal in Krakow, which the ultimate Court repealed in 2021, afraid the prohibition of unfair competition on the marketplace of magazines with crosses and was issued in 2006. After 14 years with an extraordinary complaint, the lawyer General addressed the SN.

The Advocate General of the Court of Justice, Dean Spielmann, in his Opinion, recalled that according to the case law of the Court of Justice, the Court of Justice of the Court of Justice of the Court of Justice of the Court of Justice of the Court of Justice of the Court of Justice of the Court of Justice of the Court of Justice of the Court of Justice of the Court of Justice of the Court of stands in the way of uncovering her independent and impartial a court previously established by the Act.

TUSE spokesperson on 1 of the ultimate Court chambers. He recommended that the ruling be omitted


‘As regards the legal destiny of the decision given by that authority, the national court must omit them or, if necessary, to guarantee the primacy of Union law in a given procedural context, Consider them out of date.“ He stressed.

The Opinion of the Advocate General does not bind the EU Court of Justice. It is. Proposal for a resolution for the judges most frequently utilized but may besides issue a judgement another than those proposed by the ombudsmen.

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