Order of the Court of First Instance (Second Chamber) of 25 June 2008 – VDH Projektentwicklung and Edeka Rhein-Ruhr v Commission

(Case T-185/08)

Actions for failure to act – Commission not implementing the corrective mechanism under Article 3(2) of Directive 89/665/EEC – Natural and legal persons – Measures of direct and individual concern to them – Manifest 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 9-17)

Re:

ACTION for a declaration that the Commission unlawfully failed to act in that it failed, in relation to the conclusion of a public works contract between the town of Stolberg and Kaufland Stiftung & Co., and in relation to the award of a general commercial contract by Kaufland Stiftung & Co., 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.

Operative part.

The Court:

1.

Dismisses the action as manifestly inadmissible;

2.

Orders the applicants to bear their own costs.