CELEX: 62009CO0361
Language: en
Date: 2010-02-05 00:00:00
Title: 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.

Order of the Court (Fifth Chamber) of 5 February 2010 – Molter v Germany
      (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.