Order of the Court of 3 April 2009 — VDH Projektentwicklung GmbH, Edeka Handelsgesellschaft Rhein-Ruhr mbH v Commission of the European Communities

(Case C-387/08 P) (1)

(Appeal - Action for declaration of failure to act - Directive 89/665/EEC - Commission not implementing the corrective mechanism under Article 3(2) of Directive 89/665/EEC - Natural and legal persons - Direct concern - Inadmissibility)

2009/C 205/30

Language of the case: German

Parties

Appellants: VDH Projektentwicklung GmbH, Edeka Handelsgesellschaft Rhein-Ruhr mbH (represented by: C. Antweiler, Rechtsanwalt)

Other party to the proceedings: Commission of the European Communities

Re:

Appeal brought 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 the Court of First Instance 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 of the order

(1)  OJ C 141, 20.06.2009.