Neutralising the Captured Court
In September 2025, the CJEU ruled in the AW ‘T’ (C-225/22) case on the status of decisions issued by the Chamber of Extraordinary Control and Public Affairs of the Supreme Court in Poland.
The Court found preliminary references from that Chamber to be inadmissible, as it could not be considered an independent court established by law, as seen in the previous case law, L.G. v KRS.
The Court had already considered certain decisions taken by irregularly appointed judges in Poland as “null and void” under certain conditions, but the new AW ‘T’ case broadens the applicability of the “null and void” sanctions.
The Court found preliminary references from that Chamber to be inadmissible.
Author's summary: CJEU rules on Polish court's independence.