A national court must consider the judgment of a higher court that does not constitute an independent and impartial tribunal previously established by law to be null and void, the Court of Justice of the EU ruled on 4 September in a new judgment (C-225/22) concerning the Polish Supreme Court.
“This is the case where such a consequence is necessary to ensure the primacy of EU law”. In a judgment handed down on 20 October 2021, the Chamber of Extraordinary Control and Public Affairs of...