EuGH · C-387/08

Subject of the case Operative part 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.