Judgment of the Court (Third Chamber) of 29 November 2012 — United Kingdom v Commission

(Case C‑416/11 P)

‛Appeal — Directive 92/43/EEC — Conservation of natural habitats — List of sites of Community importance for the Mediterranean biogeographical region — Inclusion in the list of a site proposed by the Kingdom of Spain — Site allegedly covering an area of British Gibraltar territorial waters and an area of the high seas — Action for annulment — Measure merely confirmatory’

1. Appeals — Grounds — Erroneous assessment of the facts — Inadmissibility — Review by the Court of Justice of the assessment of the facts put before the General Court — Possible only where the clear sense of the evidence has been distorted (Art. 256 TFEU; Statute of the Court of Justice, Art. 58, first para.) (see para. 38)

2. Appeals — Grounds — Plea against a ground of the judgment not necessary to support the operative part — Invalid ground (see para. 45)

Re:

Appeal brought against the order of the General Court (Seventh Chamber) of 24 May 2011 in Case T‑115/10 United Kingdom v Commission, by which that court dismissed as inadmissible an action for partial annulment of Commission Decision 2010/45/EC of 22 December 2009 adopting, pursuant to Council Directive 92/43/EEC, a third updated list of sites of Community importance for the Mediterranean biogeographical region [notified under number C(2009) 10406], to the extent that it retains on the list a site called ‘Estrecho Oriental’ (ES6120032), proposed by Spain, which includes an area of British Gibraltar territorial waters and an area of the high seas.

Operative part

The Court:

1. Dismisses the appeal;

2. Orders the United Kingdom of Great Britain and Northern Ireland to pay the costs;

3. Orders the Kingdom of Spain to bear its own costs.

Judgment of the Court (Third Chamber) of 29 November 2012 — United Kingdom v Commission

(Case C‑416/11 P)

‛Appeal — Directive 92/43/EEC — Conservation of natural habitats — List of sites of Community importance for the Mediterranean biogeographical region — Inclusion in the list of a site proposed by the Kingdom of Spain — Site allegedly covering an area of British Gibraltar territorial waters and an area of the high seas — Action for annulment — Measure merely confirmatory’

1. Appeals — Grounds — Erroneous assessment of the facts — Inadmissibility — Review by the Court of Justice of the assessment of the facts put before the General Court — Possible only where the clear sense of the evidence has been distorted (Art. 256 TFEU; Statute of the Court of Justice, Art. 58, first para.) (see para. 38)

2. Appeals — Grounds — Plea against a ground of the judgment not necessary to support the operative part — Invalid ground (see para. 45)

Re:

Appeal brought against the order of the General Court (Seventh Chamber) of 24 May 2011 in Case T‑115/10 United Kingdom v Commission, by which that court dismissed as inadmissible an action for partial annulment of Commission Decision 2010/45/EC of 22 December 2009 adopting, pursuant to Council Directive 92/43/EEC, a third updated list of sites of Community importance for the Mediterranean biogeographical region [notified under number C(2009) 10406], to the extent that it retains on the list a site called ‘Estrecho Oriental’ (ES6120032), proposed by Spain, which includes an area of British Gibraltar territorial waters and an area of the high seas.

Operative part

The Court:

1. Dismisses the appeal;

2. Orders the United Kingdom of Great Britain and Northern Ireland to pay the costs;