Order — ECLI:EU:C:2009:575
Date: 2009-09-23
Language of the case: Spanish
Court formation: Sixth Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Environment
Concepts: Applications by natural or legal persons;General;Right to a judicial remedy
Procedure: Action for annulment;Appeal - unfounded
Origin: Spain

Order of the Court of 23 September 2009 - Calebus, SA v Commission of the European Communities, Kingdom of Spain (Case C-421/08 P) 1 (Appeal - Protection of habitats - List of sites of Community importance for the Mediterranean biogeographical region - Commission Decision - Action for annulment brought by natural or legal persons- Admissibility - Appeal clearly unfounded) Language of the case: Spanish Parties Appellant: Calebus, SA (represented by: R. Bocanegra Sierra, abogado) Other parties to the proceedings: Commission of the European Communities (represented by: D. Recchia and A. Alcover San Pedro, agents), Kingdom of Spain (represented by: F. Díez Moreno, agent) Re: Appeal brought against the order of the Court of First Instance (First Chamber) of 14 July 2008 in Case T-366/06 Calebus v Commission, in which the Court of First Instance dismissed as inadmissible the application for partial annulment of Article 1 of Annex 1 of Commission Decision 2006/613/EC of 19 July 2006 adopting, pursuant to Council Directive 92/43/EEC, the list of sites of Community importance for the Mediterranean biogeographical region (OJ 2006 L 259, p. 1), in so far as it declares the site designated as "Ramblas de Gergal, Tabernas y Sur de Sierra Alhamilla", which includes land belonging to the applicant, to be a site of Community importance for the Mediterranean biogeographical region Operative part of the order 1) The appeal is dismissed. 2) Calebus SA is ordered to bear its own costs. 3) The Kingdom of Spain is ordered to bear its own costs. ____________ 1 - 2 - OJ C 55 of 07.03.2009