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.

Subject of the case

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

Operative part.

The Court:

1. Dismisses the action as manifestly inadmissible;

2. Orders the applicants to bear their own costs.