Order of the Court (Third Chamber) of 12 January 2010 (Reference for a preliminary ruling from the Amtsgericht Charlottenburg — Germany) — Amiraike Berlin GmbH

(Case C-497/08) (1)

(Non-contentious proceedings - Appointment of the liquidator of a company - Lack of jurisdiction of the Court)

2010/C 63/29

Language of the case: German

Referring court

Amtsgericht Charlottenburg

Parties to the main proceedings

Applicant: Amiraike Berlin GmbH

Re:

Reference for a preliminary ruling — Amtsgericht Charlottenburg — Interpretation of Arts 10, 43 and 48 of the EC Treaty — Recognition by a Member State of an expropriatory measure concerning assets situated in its territory, ordered by the legal system of another Member State — Removal of a limited liability company under United Kingdom law from the register at Companies House for failure to fulfil publicity obligations, resulting in the forfeiture of its assets, including real estate situated in Germany, to the United Kingdom crown.

Operative part

The Court of Justice of the European Union clearly has no jurisdiction to rule on the question referred by the Amtsgericht Charlottenburg in its decision of 7 November 2008.

(1)  OJ C 113, 16.5.2009.