Judgment_paragraph 29 · M.F. v J.M (C-508/19)

29Furthermore, after the Naczelny Sąd Administracyjny (Supreme Administrative Court), by decision of 21 November 2018, referred questions to the Court for a preliminary ruling in the case which, in the meantime, has given rise to the judgment of 2 March 2021, A.B. and Others (Appointment of judges to the Supreme Court – Actions) (C‑824/18, EU:C:2021:153) (‘the judgment in A.B. and Others’), on whether EU law precludes amendments such as those which have thus affected Article 44 of the Law on the KRS, the Polish legislature, in the light of the judgment of 25 March 2019 of the Trybunał Konstytucyjny (Constitutional Court), referred to in paragraph 17 above, adopted the Law of 26 April 2019 which led, first, to a declaration that cases pending before the Naczelny Sąd Administracyjny (Supreme Administrative Court) such as those that gave rise to that reference for a preliminary ruling were to be discontinued. Secondly, that law once again amended Article 44 of the Law on the KRS in order to preclude, going forward, any possibility of bringing judicial proceedings against a resolution of the KRS proposing a candidate for appointment to the position of judge of the Sąd Najwyższy (Supreme Court).