68It is not disputed that the Sąd Najwyższy (Supreme Court) as such meets the requirements set out in paragraph 66 above. What is called into question by the Ombudsman in the present case is whether the judge concerned, sitting as a single judge in the court formation which made the present request to the Court for a preliminary ruling, satisfies the requirements that a body must meet in order to be considered to be a ‘court or tribunal’ within the meaning of Article 267 TFEU.
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