PRELIMINARY QUESTION TO THE TSUE: SHORTCOMINGS IN RANDOM ASSIGNMENT OF CASES TO JUDGES VS. INDEPENDENCE AND IMPARTIALITY

Recently, visits to the CJEU have become our tradition. This time Marcin Mioduszewski and Zuzanna Ochońska-Borowska had the honor of appearing before the Court in a preliminary question proceeding. In an unfair competition appeal case pending before a national court, in which we are representing our client, doubts have arisen about the correctness of the composition of the court of first instance. The Court of Justice of the EU will now answer questions regarding violations of the rules on random allocation of judges to cases, in the context of EU law. We look forward to the judgment, which will have a not inconsiderable impact on the practice and understanding of another aspect of the independence and impartiality of judges in the EU. Advocate General L. Medina’s opinion is scheduled for June 2024.