Case T-366/06: Action brought on 4 December 2006 — Calebus v Commission
Date: 2007-01-27
Institutions: Court of First Instance
Subjects: European Commission, Mediterranean region (EU), action for annulment (EU), directory, environmental protection, protected area

27.1.2007

EN

Official Journal of the European Union

C 20/29

The applicant contends that the Council has infringed essential
procedural requirements and misused its powers by adopting
the contested regulation without properly considering the
underlying proceedings conducted by the Commission.

According to the applicant, the Commission i) did not properly
examine the standing of the complainants and/or failed to make
a proper determination of their standing, ii) considered irrele-
vant information and/or failed to take available information into
account, iii) made an inadequate assessment of the injury to the
relevant Community industry, iv) failed to establish that there
was a Community interest in imposing duties on imports, and
v) infringed the applicant's rights of defence.

The applicant alleges that this amounts to an abuse of powers.

and flora, (1) in so far as it includes some areas of the appel-
lant's property in SCI ES 6110006 which lack the necessary
environmental requirements; and

— arbitrary, in that it has excluded, in that same zone, areas
which have the required environmental values which call for
classification as a SCI.

(1) OJ L 206, 22.7.1992, p. 7

(1) OJ 2006 L 270, p. 4.

Action brought on 4 December 2006 — Kuwait Petroleum
Corp. and others v Commission

Action brought on 4 December 2006 — Calebus v
Commission

(Case T-366/06)

(2007/C 20/44)

Language of the case: Spanish

(Case T-370/06)

(2007/C 20/45)

Language of the case: English

Parties

Applicants: Kuwait Petroleum Corp. (Shuwaikh, Kuwait), Kuwait
Petroleum International Ltd (Woking, United Kingdom), and
Kuwait Petroleum (Nederland) BV (Rotterdam, The Netherlands)
(represented by: D.W. Hull, Dr. G. M. Berrisch, lawyers)

Parties

Defendant: Commission of the European Communities

Applicant: Calebus, S.A.
Bocanegra Sierra, lawyer)

(Almería, Spain)

(represented by: R.

Defendant: Commission of the European Communities

Form of order sought

Form of order sought

— Annul Commission Decision 2006/613/EC of 19 July 2006
(OJ 2006 L 259, p.1) approving the list of sites of Com-
munity importance for the Mediterranean biogeographical
region, in relation to the inclusion of the farm ‘Las Cuerdas’
as a SCI ‘ES6110006 Ramblas de Gergal, Tabernas y Sur de
Sierra Alhamilla’, appearing on that
the
Commission to change the delimitation of that SCI so as to
exclude the farm referred to.

list, and order

Pleas in law and main arguments

In support of its claims, the applicant submits that the contested
decision is:

— contrary to Council Directive 92/43/EEC of 21 May 1992
on the conservation of natural habitats and of wild fauna

— Annul Commission's Decision C(2006)4090

13
September 2006 insofar as it applies to the applicants; in
the alternative

of

— reduce the amount of the fine imposed;

— in any event, order the Commission to bear the costs of

these proceedings.

Pleas in law and main arguments

By a decision adopted on 13 September 2006 (the ‘contested
decision’), the Commission imposed on Kuwait Petroleum Corp.
(‘KPC’), Kuwait Petroleum International Ltd (‘KPI’) and Kuwait
Petroleum (Nederland) BV (‘KPN’), the applicants,
jointly and
severally, a fine of EUR 16.632 million for infringing Article 81
EC by fixing prices in the Dutch bitumen market. Each of the
applicants hereby seeks the annulment of the contested decision
or, in the alternative, a reduction of the fine on the following
grounds: