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Order of the Court (Fifth Chamber) of 5 February 2010. # Hans Molter v Federal Republic of Germany. # Appeal - Action brought by a natural or legal person against a Member State - Court of First Instance manifestly lacking jurisdiction. # Case C-361/09 P.
ECLI:EU:C:2010:63
62009CO0361
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(Case C‑361/09 P)
Appeal – Action brought by a natural or legal person against a Member State – Court of First Instance manifestly lacking jurisdiction
Procedure – Action brought by a natural or legal person to establish an infringement of Community law by a Member State – Community judicature manifestly lacking jurisdiction – Inadmissibility (Art. 225 EC et seq.; Statute of the Court of Justice, Art. 51; Rules of Procedure of the Court of Justice, Art. 119) (see paras 4-6)
Re:
Appeal brought against the judgment of the Court of First Instance (Third Chamber) of 12 August 2009 in Case T-141/09 Molter v Germany, by which that Court dismissed, by reason of manifest lack of jurisdiction, an action seeking a preliminary ruling on the interpretation of Community law on non-discrimination or, alternatively, damages for the loss allegedly sustained on account of the German courts’ infringement of the duty to refer a question to the Court of Justice for a preliminary ruling.
Operative part:
1.The appeal is dismissed.
2.Mr Molter is ordered to bear his own costs.