Order of the Court (Seventh Chamber) of 12 July 2012 — Government of Gibraltar v Commission

(Case C-407/11 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 the site ‘Estrecho oriental’ proposed by the Kingdom of Spain, which is stated to include an area of British Gibraltar territorial waters and an area of the high seas — Action for annulment — Application for partial annulment — Severability — Rights of the defence’

1. Appeals — Grounds — Pleas manifestly inadmissible or unfounded — Rejection at any time, by means of a reasoned order, without an oral procedure (Rules of Procedure of the Court of Justice, Art. 119) (see para. 19)

2. Actions for annulment — Subject matter — Partial annulment — Condition — Severability of the contested provisions — Provisions of a Commission decision enlarging the area of a site of Community importance — Annulment entailing a modification of the substance of the decision — Inadmissibility (Art. 230 EC; Council Directive 92/43; Commission Decision 2009/95) (see paras 29, 35, 42)

3. Procedure — Obligations on the General Court to initiate oral proceedings before ruling on a plea of inadmissibility and to afford the parties the opportunity to submit written observations on the replies relating to the issue of inadmissibility — No such obligations (Rules of Procedure of the General Court, Arts 113 and 114(3) and (4)) (see para. 45)

Re:

Appeal against the order of the General Court (Seventh Chamber) of 24 May 2011 in Case T-176/09 Government of Gibraltar v Commission, by which that Court declared inadmissible an action for the partial annulment of Commission Decision 2009/95/EC of 12 December 2008 adopting, pursuant to Council Directive 92/43/EEC, a second updated list of sites of Community importance for the Mediterranean biogeographical region (notified under document number C(2008) 8049) to the extent that the decision adds to the list a site called ‘Estrecho Oriental’ (ES6120032), proposed by Spain, which is stated by the appellant to include an area of British Gibraltar territorial waters and an area of the high seas.

Operative part

1. The appeal is dismissed.

2. The Government of Gibraltar is ordered to pay the costs.

3. The Kingdom of Spain is ordered to bear its own costs.

Order of the Court (Seventh Chamber) of 12 July 2012 — Government of Gibraltar v Commission

(Case C-407/11 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 the site ‘Estrecho oriental’ proposed by the Kingdom of Spain, which is stated to include an area of British Gibraltar territorial waters and an area of the high seas — Action for annulment — Application for partial annulment — Severability — Rights of the defence’

1. Appeals — Grounds — Pleas manifestly inadmissible or unfounded — Rejection at any time, by means of a reasoned order, without an oral procedure (Rules of Procedure of the Court of Justice, Art. 119) (see para. 19)

2. Actions for annulment — Subject matter — Partial annulment — Condition — Severability of the contested provisions — Provisions of a Commission decision enlarging the area of a site of Community importance — Annulment entailing a modification of the substance of the decision — Inadmissibility (Art. 230 EC; Council Directive 92/43; Commission Decision 2009/95) (see paras 29, 35, 42)

3. Procedure — Obligations on the General Court to initiate oral proceedings before ruling on a plea of inadmissibility and to afford the parties the opportunity to submit written observations on the replies relating to the issue of inadmissibility — No such obligations (Rules of Procedure of the General Court, Arts 113 and 114(3) and (4)) (see para. 45)

Re:

Appeal against the order of the General Court (Seventh Chamber) of 24 May 2011 in Case T-176/09 Government of Gibraltar v Commission, by which that Court declared inadmissible an action for the partial annulment of Commission Decision 2009/95/EC of 12 December 2008 adopting, pursuant to Council Directive 92/43/EEC, a second updated list of sites of Community importance for the Mediterranean biogeographical region (notified under document number C(2008) 8049) to the extent that the decision adds to the list a site called ‘Estrecho Oriental’ (ES6120032), proposed by Spain, which is stated by the appellant to include an area of British Gibraltar territorial waters and an area of the high seas.

Operative part

1. The appeal is dismissed.

2. The Government of Gibraltar is ordered to pay the costs.