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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.
ECLI:EU:C:2009:235
62008CO0387
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(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.