Reference for a preliminary ruling from the Kammergericht Berlin (Germany), lodged on 22 July 2009 — DEB Deutsche Energiehandels- und Beratungsgesellschaft mbH v Bundesrepublik Deutschland

(Case C-279/09)

2009/C 267/54

Language of the case: German

Referring court

Kammergericht Berlin

Parties to the main proceedings

Appellant: DEB Deutsche Energiehandels- und Beratungsgesellschaft mbH

Respondent: Bundesrepublik Deutschland

Question referred

The following question is referred, pursuant to Article 234 EC, to the Court of Justice of the European Communities for a preliminary ruling:

In view of the fact that Member States may not, through the structuring of conditions under national law governing the award of damages and of the procedure for pursuing a claim seeking to establish State liability under Community law, make the award of compensation in accordance with the principles of State liability under Community law virtually impossible or excessively difficult, must there be reservations with regard to a national rule under which the pursuit of a claim before the courts is subject to the making of an advance payment in respect of costs, and a legal person, which is unable to make that advance payment, does not qualify for legal aid?