ORDER OF THE COURT

(Fourth Chamber)

of 6 October 2005

in Case C-328/04: reference for a preliminary ruling from the Fővárosi Bíróság in the criminal proceedings against Attila Vajnai ¹

(Reference for a preliminary ruling - Interpretation of the principle of non-discrimination - National provision prohibiting, on pain of criminal prosecution, the use in public of a symbol consisting of a five-point red star - Lack of jurisdiction of the Court)

(Language of the case: Hungarian)

In Case C-328/04: reference for a preliminary ruling under Article 234 EC from the Fővárosi Bíróság (Hungary), made by decision of 24 June 2004, received at the Court on 28 July 2004, in the criminal proceedings against Attila Vajnai - the Court (Fourth Chamber), composed of K. Lenaerts, President of the Chamber, K. Schiemann (Rapporteur) and E. Juhász, Judges; C. Stix Hackl, Advocate General; R. Grass, Registrar, made an order on 6 October 2005 , the operative part of which is as follows:

The Court of Justice of the European Communities clearly has no jurisdiction to answer the question referred by the Fővárosi Bíróság (Hungary) by decision of 24 June 2004.

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¹ - OJ C 262, 23.10.2004.