Case T-323/06: Action brought on 21 November 2006 — FRESYGA v Commission
Date: 2006-12-30
Institutions: Court of First Instance
Subjects: European Commission, Mediterranean region (EU), Spain, action for annulment (EU), environmental protection, protected area, protection of animal life

30.12.2006

EN

Official Journal of the European Union

C 326/73

— By accepting the fact that there was no public hearing in the
proceedings to include ‘Artos de El Ejido’ in the list of SICs
and by not replying to the applicants' letters, the defendant
has infringed basic procedural rules thereby depriving the
applicants of their rights.

(1) OJ L 259, of 21.09.2006, p. 1.

The applicant claims, in particular, that in the period elapsing
between the proposal and the approval of SCI ES6110006 the
Commission did not undertake any assessment of the social or
economic features of the area, or of the state of protection of
the pieces of land, in spite of the requests to that end made by
instead merely accepted the
the municipality of Níjar, but
proposal made by the Regional Council of Andalucia without
evaluating whether that land was suitable.

(1) OJ L 259, 21.09.2006, p. 1.

Action brought on 21 November 2006 — FRESYGA v
Commission

(Case T-323/06)

(2006/C 326/150)

Language of the case: Spanish

Parties

Applicant: Fresyga (Almería, Spain)
Daudí, lawyer)

(represented by:

J. Rovira

Defendant: Commission of the European Communities

Parties

Action brought on 23 November 2006 — Município de
Gondomar v Commission

(Case T-324/06)

(2006/C 326/151)

Language of the case: Portuguese

Form of order sought by the applicant

— a declaration that this action for annulment is admissible
and that the 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 is
in part invalid, in so far as it affects ES6110006, and that
that SCI should be removed from its sphere of application;

— or, in the alternative, a declaration that the 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 is in part invalid,
in so far as the property ‘Coto de Padilla’ situated in the
municipal (1) district of Níjar, with an area of 8 500 000
square metres must be removed from SCI ES6110006;

— an order that the Commission should pay the costs.

Pleas in law and main arguments

This action challenges 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
it declares the ES6110014
‘Ramblas de Jergal, Tabernas y Sur de Sierra Alhamilla’ to be a
Site of Community Interest in its entirety or, in the alternative,
in so far as that list includes property belonging to the appli-
cant.

in that

region,

The pleas in law and main arguments are similar to those put
forward in Case T-322/06 Manuel Espinosa and Others v Commis-
sion.

Applicant: Município de Gondomar (Gondomar, Portugal) (repre-
sented by:
J.L. da Cruz Vilaça, D. Choussey and L. Pinto
Monteiro, lawyers)

Defendant: Commission of the European Communities

Form of order sought

— a declaration that the decision of the Commission of the
European Communities C(2006) 3782 of 16 August 2006
on the cancellation of the financial assistance granted by the
Cohesion Fund for Project No 95/10/61/07 — Redevelop-
ment of Grande Porto/Sul — Subsistema de Gondomar
(Portugal) by Commission Decision C (95) 3281 of 18
December 1995, cancelling the total amount of the assis-
tance of EUR 7 778 535 allocated to the project and
ordering
sum of
to
EUR 6 222 828, is vitiated by manifest errors of assessment,
is contrary to Regulation No 1164/94 (1) and to the princi-
ples of proportionality and legal certainty and,
in conse-
quence,

reimburse

applicant

the

the

— principally, annulment of the contested decision or,

— in the alternative, annulment in part of the contested deci-
sion and a declaration that the applicant is entitled to the
whole of the Cohesion Fund financing, except for the sum
of EUR 537 863;

— an order that the Commission should bear its own costs and

also those of the applicant.