Judgment_paragraph 72 · BN and Others v Getin Noble Bank S.A (C-132/20)

72The presumption set out in paragraph 69 above may nevertheless be rebutted where a final judicial decision handed down by a national or international court or tribunal leads to the conclusion that the judge constituting the referring court is not an independent and impartial tribunal previously established by law for the purposes of the second subparagraph of Article 19(1) TEU, read in the light of the second paragraph of Article 47 of the Charter.