Request for a preliminary ruling from the Sąd Najwyższy (Poland) lodged on 17 August 2018 — YV

(Case C-537/18)

Language of the case: Polish

Referring court

Sąd Najwyższy

Parties to the main proceedings

Appellant: YV

Respondent: Krajowa Rada Sądownictwa

Question referred

Should Article 47 of the Charter of Fundamental Rights of the European Union, in conjunction with Article 9(1) of Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation, ¹ be interpreted as meaning that, where an appeal is brought before a court of final instance in a Member State against an alleged infringement of the prohibition of discrimination on grounds of age in respect of a judge of that court, together with a motion for suspension of execution of the contested measure, that court — in order to protect the rights arising from EU law by ordering an interim measure provided for under national law — must refuse to apply national provisions which confer jurisdiction, in the case in which the appeal was lodged, on an organisational unit of that court which is not operational by reason of a failure to appoint the judges adjudicating within it?

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¹ OJ 2000 L 303, p. 16.