Case T-346/06: Order of the Court of First Instance of 18 February 2009 — IMS v Commission (Action for annulment and for damages — Directive 98/37/EC — Machinery bearing the CE marking — Hazards to the safety of persons — National prohibition measure — Opinion of the Commission declaring the measure to be justified — Action for annulment — Withdrawal of the contested measure — No need to adjudicate — Action for damages — Article 44(1)(c) of the Rules of Procedure of the Court of First Instance — Inadmissibility)