Judgment_paragraph 111 · Asociaţia 'Forumul Judecătorilor din România' and Others v Inspecţia Judiciară and Others (C-83/19, C-127/19, C-195/19, C-291/19, C-355/19, C-397/19)

111Furthermore, the arguments of the Polish and Romanian Governments concerning the alleged lack of competence of the European Union in relation to the organisation of justice and State liability in the event of judicial error relate, in fact, to the actual scope and, therefore, to the interpretation of the provisions of EU primary law mentioned in the questions referred, that interpretation clearly falling within the jurisdiction of the Court under Article 267 TFEU. Indeed, the Court has held that although the organisation of justice in the Member States falls within the competence of those Member States, they are nonetheless required, when exercising that competence, to comply with their obligations deriving from EU law (see, to that effect, judgment of 2 March 2021, A.B. and Others (Appointment of judges to the Supreme Court – Actions), C‑824/18, EU:C:2021:153, paragraphs 68 and 69 and the case-law cited). That obligation also applies in the area of the financial liability of the Member States and the personal liability of judges in the event of judicial error, at issue in Case C‑397/19.