Case T-345/06: Action brought on 4 December 2006 — Complejo Agricola v Commission
Date: 2007-01-27
Institutions: Court of First Instance
Subjects: European Commission, Mediterranean region (EU), action for annulment (EU), agricultural holding, directory, environmental protection, ownership, protected area

C 20/18

EN

Official Journal of the European Union

27.1.2007

Action brought on 4 December 2006 — Complejo Agricola
v Commission

affected by the SCI 'Acebuchales de la Campiña sur de Cádiz'
which are lacking of environmental value;

(Case T-345/06)

(2007/C 20/25)

Language of the case: Spanish

— the applicant did not have the opportunity to participate in
the procedure for the declaration of
'Acebuchales de la
Campiña sur de Cádiz' as a SCI, which amounts to an infrin-
gement of the principles of the right to be heard and of
legal certainty.

(1) OJ L 259, 21.9.2006, p. 1.

Parties

Applicant: Complejo Agrícola (Madrid, Spain) (represented by: D.
A. Menéndez Menéndez and Da. G. Yanguas Montero)

Defendant: Commission of the European Communities

Form of order sought

— Grant the present application;

— Admit and examine the documentary evidence requested;

— Annul in part Article 1 in connection with Annex 1 of the
decision of the European Commission of 19 July 2006, in
so far as it concerns the declaration of Acebuchales as a SCI,
and restore fully the exercise of the Complejo Agricola's
ownership rights over that part of the farm which does not
meet the environmental values required to be declared a SCI;

Action brought on 6 December 2006 — IMS v
Commission

(Case T-346/06)

(2007/C 20/26)

Language of the case: Italian

Parties

Applicant: IMS Industria Schio Srl (Schio, Italy) (represented by:
F. Colonna and T.E. Romolotti, lawyers)

— Order

the Commission to pay the costs

incurred by

Complejo Agrícola.

Defendant: Commission of the European Communities

Pleas in law and main arguments

Form of order sought

This action is brought against 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 region, (1) in so far as it declares as a site of
Community importance (SCI) ES6120015 'Acebuchales de la
Campiña sur de Cádiz' given that the applicant is the owner of a
farm covered by that SCI.

In support of its claims, the applicant submits that:

— the Commission has exceeded its powers in designating as a
SCI 'Acebuchales de la Campiña sur de Cádiz', which affects
the applicant's farm, by erring in its application of
the
to Directive
criteria laid down in Annexes I,
92/43/EEC. In addition, the Comission's misapplication of
the criteria laid down in Annex III to Directive 92/43/EEC
has led to the designation as a SCI area of a large part of the
land belonging to the applicant which is lacking in environ-
mental value, thereby constituting a breach of the principles
of proportionality and lawfulness;

II and III

— the designation has led to an unjustified and dispropor-
tionate limitation of the powers inherent in the applicant's
the farm
ownership rights in connection with areas of

— annulment of the Commission's opinion C(2006) 3914 of 6
December 2006, and a declaration of the applicant's right to
compensation for the damage suffered thereby

— an order that the defendant should pay the costs in accord-

ance with Article 87 et seq. of the Rules of Procedure.

Pleas in law and main arguments

This action challenges the Commission's opinion C(2006) 3914
of 6 December 2006 concerning a prohibition measure adopted
by the French authorities relating to certain IMS brand mechan-
ical presses.

It is to be borne in mind in this connection that, as a result of
the adoption by the French Republic of measures relating to
mechanical presses manufactured by the applicant
the
Commission,
in accordance with Article 7(2) of Directive
98/37/EC, examined the justification for those measures, issuing
at the end of the investigation the opinion that the measures
adopted by the French authorities were justified.

IMS,