CELEX: 62008CO0387
Language: en
Date: 2009-04-03 00:00:00
Title: Order of the Court (Seventh Chamber) of 3 April 2009. # VDH Projektentwicklung GmbH and Edeka Handelsgesellschaft Rhein-Ruhr mbH v Commission of the European Communities. # Appeal - Action for declaration of failure to act - Directive 89/665/EEC - Failure by the Commission to implement the corrective mechanism under Article 3(2) of Directive 89/665/EEC - Natural and legal persons - Direct concern - Inadmissibility. # Case C-387/08 P.

Order of the Court (Seventh Chamber) of 3 April 2009 – VDH Projektentwicklung and Edeka Rhein-Ruhr v Commission
      (Case C‑387/08 P)
      Appeal – Action for declaration of failure to act – Directive 89/665/EEC – Failure by the Commission to implement the corrective mechanism under Article 3(2) of Directive 89/665/EEC – Natural and legal persons – Direct concern – Inadmissibility
      Actions for failure to act – Natural or legal persons – Measures of direct and individual concern to them – Directive 89/665 (Arts 230, fourth para., EC and 232, third para., EC; Council Directive 89/665, Art. 3) (see paras 20-27)
      Re: 
      
         Appeal against the order of the Court of First Instance (Second Chamber) in Case T-185/08 
               VDH Projektenwicklung and Edeka Rhein-Ruhr
                v 
               Commission
               , by which that Court dismissed as manifestly inadmissible the action for a declaration that the Commission had unlawfully
                  failed to act, on the ground that it failed, in relation to the conclusion of a public works contract and in relation to the
                  award of a general commercial contract, to implement without delay the corrective mechanism provided for under Article 3 of
                  Directive 89/665/EEC and to send the Federal Republic of Germany a notification under Article 3(2) of that directive – Action
                  brought by natural and legal persons for a declaration of failure to act – Need for the measure regarding which the institution
                  is alleged to have unlawfully failed to act to be of direct concern to the applicant.
               
            Operative part: 
      
         
                  1.
               
               
                  
               
               
                  	The appeal is dismissed.
               
            
         
                  2.
               
               
                  
               
               
                  	VDH Projektentwicklung GmbH and Edeka Handelsgesellschaft Rhein-Ruhr mbH shall bear their own costs.