In the dispute that gave rise to the main proceedings, a Romanian judicial association (Judges of Romania and the Association for the Defense of the Status of Prosecutors) challenged the appointment of certain prosecutors in Romania. The applicants argued that the national legislation upon which those appointments were based is incompatible with Union law. In its request, the referring court queried whether Romanian procedural rules which make the admissibility of actions against the appointment of those prosecutors subject to the existence of a legitimate private interest comply with Union law.

The Court of Justice holds that EU law does not preclude national rules, such as the one in question, which require a legitimate private interest to be established in order for an action challenging the appointment of prosecutors to be admissible. This is the case even if this framework excludes, in practices, judicial associations from challenging the appointment of prosecutors.

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• Case summary : Asociaţia “Forumul Judecătorilor din România” (Associations of Judges) v. Romania (Case C-53/23) ^News