C-791/19, Commission v Poland

Key Points to Note in This Case

• Issue: The introduction of a new chamber, the "Disciplinary Chamber," was found to breach Article 19 of the Treaty on European Union (TEU) due to a lack of impartiality and independence.

• Legal Basis: The Commission relied on Article 19 TEU and the infringement of Article 267 of the Treaty on the Functioning of the European Union (TFEU).

• Specific Concerns: The new regime restricted Polish courts' ability to make use of the preliminary ruling procedure (PRP).

• Enforcement: The ruling was not immediately effective, leading to the initiation of Article 260 TFEU proceedings.

• Penalty: Poland was fined €1 million per day starting from October 26, 2021.