S. (Modification de la formation de jugement) (Effective judicial protection - Independent and impartial tribunal established by law - Opinion)

(Request for a preliminary ruling from the Sąd Apelacyjny w Warszawie (Court of Appeal, Warsaw, Poland))

( Reference for a preliminary ruling - Rule of law - Article 19(1) TEU - Legal remedies - Effective judicial protection - Independent and impartial tribunal previously established by law - Principle of ‘internal’ judicial independence - National rules governing random allocation of cases to judges - Modification of the formation of the court - Flagrant violation of national rules - Provisions prohibiting a court of second instance from declaring proceedings at first instance invalid )

The present reference for a preliminary ruling from the Sąd Apelacyjny w Warszawie (Court of Appeal, Warsaw, Poland) ( 2 ) seeks an interpretation of Article 2, Article 6(1) and (3) and the second subparagraph of Article 19(1) TEU, read in conjunction with Article 47 of the Charter of Fundamental Rights of the European Union (‘the Charter’). The action in the main proceedings was brought by S. S.A. (‘Company S’) against C. sp. z o.o. (‘Company C’) in relation to a commercial framework agreement.

Article 47(1) of the Code of Civil Procedure ( 3 ) provides that ‘at first instance, the court shall hear cases in a single-judge formation, unless otherwise provided by a specific provision.’

According to Article 379(4) of that code, ‘proceedings shall be invalid … if the composition of the court of trial is contrary to statutory provisions or if the case was heard in the presence of a judge subject to exclusion by operation of law’.