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.

Subject of the case

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

Operative part:

1. The appeal is dismissed.

2. VDH Projektentwicklung GmbH and Edeka Handelsgesellschaft Rhein-Ruhr mbH shall bear their own costs.