BRUSSELS (Reuters) – The European Commission will take Poland to the European Union’s top court to challenge a new law forcing the early retirement of some 40 percent of the country’s Supreme Court judges, officials said on Thursday.

The Commission’s legal challenge is likely to come too late to stop the dismissal of the judges because the law pushed through by the nationalist-minded PiS government enters into force on July 3.

“The Commission has taken the decision to sue,” one official close to the process said.