# C_2007020EN.01001801.xml

| 27.1.2007 | EN | Official Journal of the European Union | C 20/18 |
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27.1.2007

EN

Official Journal of the European Union

C 20/18

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Action brought on 4 December 2006 — Complejo Agricola v Commission

(Case T-345/06)

(2007/C 20/25)

Language of the case: Spanish

Parties

Applicant: Complejo Agrícola (Madrid, Spain) (represented by: D.A. Menéndez Menéndez and Da. G. Yanguas Montero)

Applicant:

Defendant: Commission of the European Communities

Defendant:

Form of order sought

| — | Grant the present application; |
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Grant the present application;

| — | Admit and examine the documentary evidence requested; |
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Admit and examine the documentary evidence requested;

| — | Annul in part Article 1 in connection with Annex 1 of the decision of the European Commission of 19 July 2006, in so far as it concerns the declaration of Acebuchales as a SCI, and restore fully the exercise of the Complejo Agricola's ownership rights over that part of the farm which does not meet the environmental values required to be declared a SCI; |
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Annul in part Article 1 in connection with Annex 1 of the decision of the European Commission of 19 July 2006, in so far as it concerns the declaration of Acebuchales as a SCI, and restore fully the exercise of the Complejo Agricola's ownership rights over that part of the farm which does not meet the environmental values required to be declared a SCI;

| — | Order the Commission to pay the costs incurred by Complejo Agrícola. |
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Order the Commission to pay the costs incurred by Complejo Agrícola.

Pleas in law and main arguments

This action is brought against the Commission decision of 19 July 2006 adopting, pursuant to Council Directive 92/43/EEC, the list of sites of Community importance for the Mediterranean biogeographical region, (1) in so far as it declares as a site of Community importance (SCI) ES6120015 'Acebuchales de la Campiña sur de Cádiz' given that the applicant is the owner of a farm covered by that SCI.

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In support of its claims, the applicant submits that:

| — | the Commission has exceeded its powers in designating as a SCI 'Acebuchales de la Campiña sur de Cádiz', which affects the applicant's farm, by erring in its application of the criteria laid down in Annexes I, II and III to Directive 92/43/EEC. In addition, the Comission's misapplication of the criteria laid down in Annex III to Directive 92/43/EEC has led to the designation as a SCI area of a large part of the land belonging to the applicant which is lacking in environmental value, thereby constituting a breach of the principles of proportionality and lawfulness; |
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the Commission has exceeded its powers in designating as a SCI 'Acebuchales de la Campiña sur de Cádiz', which affects the applicant's farm, by erring in its application of the criteria laid down in Annexes I, II and III to Directive 92/43/EEC. In addition, the Comission's misapplication of the criteria laid down in Annex III to Directive 92/43/EEC has led to the designation as a SCI area of a large part of the land belonging to the applicant which is lacking in environmental value, thereby constituting a breach of the principles of proportionality and lawfulness;

| — | the designation has led to an unjustified and disproportionate limitation of the powers inherent in the applicant's ownership rights in connection with areas of the farm affected by the SCI 'Acebuchales de la Campiña sur de Cádiz' which are lacking of environmental value; |
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the designation has led to an unjustified and disproportionate limitation of the powers inherent in the applicant's ownership rights in connection with areas of the farm affected by the SCI 'Acebuchales de la Campiña sur de Cádiz' which are lacking of environmental value;

| — | the applicant did not have the opportunity to participate in the procedure for the declaration of 'Acebuchales de la Campiña sur de Cádiz' as a SCI, which amounts to an infringement of the principles of the right to be heard and of legal certainty. |
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the applicant did not have the opportunity to participate in the procedure for the declaration of 'Acebuchales de la Campiña sur de Cádiz' as a SCI, which amounts to an infringement of the principles of the right to be heard and of legal certainty.

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(1)  OJ L 259, 21.9.2006, p. 1.

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