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)

Judgment of 18 May 2021law://eu/cjeu/2019/c-83-19/para_225@2026-11-12

225In that regard, it should be noted at the outset that, according to the national legislation at issue in the main proceedings, the existence of a judicial error is one of the preconditions both for the financial liability of the State and the personal liability of the judge in question. In the light of the requirements arising from the principles of the rule of law and, in particular, the guarantee of judicial independence, it is appropriate to examine separately the rules enabling individuals to render the State liable for damage they have sustained as a result of a judicial error and the rules governing the personal liability of judges on account of such a judicial error in the context of an action for indemnity.