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Order of the Court of First Instance (Second Chamber) of 25 June 2008. # VDH Projektentwicklung GmbH and Edeka Handelsgesellschaft Rhein-Ruhr mbH v Commission of the European Communities. # 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. # Case T-185/08.
ECLI:EU:T:2008:225
62008TO0185
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(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.