Case C-85/09 P: Order of the Court of 29 October 2009 — Portela — Comércio de artigos ortopédicos e hospitalares, Lda v European Commission (Appeal — Non-contractual liability — Claim for compensation for damage sustained on account of the various omissions by the Commission in the application of Directive 93/42/EEC — No causal connection between the omission alleged and the damage suffered by the applicant in the marketing of defective digital thermometers — Appeal manifestly unfounded)