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.

Subject of the case

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

Operative part:

1. The appeal is dismissed.

2. Mr Molter is ordered to bear his own costs.