Source: EURLEX
Language: en
Format: md

**Order of the Court of First Instance (First Chamber) of 14 July 2008 – Fresyga v Commission**

**(Case T-323/06)**

Action for annulment – Directive 92/43/EEC – Conservation of natural habitats and of wild fauna and flora – Decision 2006/613/EC – List of sites of Community importance for the Mediterranean biogeographical region – Challengeable act – Lack of direct effect – Inadmissible

1.                     *Actions for annulment – Actionable measures – Meaning – Measures producing binding legal effects (Art. 230, first para., EC;
Council Directive 92/43, Arts 4(2), 5 and 6; Commission Decision 2006/613, Art. 1, second para., and Annexes 1, 2 and 3) (see
paras 22-26)*

2.                     *Actions for annulment – Natural or legal persons – Measures of direct and individual concern to them (Art. 230, fourth para.,
EC; Council Directive 92/43, Arts 4(5) and 6; Commission Decision 2006/613, Annex 1) (see paras 32-37)*

**Re:**

|  |  |
| --- | --- |
|  | Partial annulment of Commission Decision 2006/613/EC of 19 July 2006 adopting, pursuant to Council Directive 92/43/EEC, the list of sites of Community importance for the Mediterranean biogeographical region (OJ 2006 L 259, p. 1), in so far as it declares the site designated as ‘Ramblas de Gergal, Tabernas y Sur de Sierra Alhamilla’, which includes land belonging to the applicant, to be a site of Community importance for the Mediterranean biogeographical region. |

**Operative part**

The Court:

|  |  |  |
| --- | --- | --- |
| 1. |  | Dismisses the action as inadmissible; |

|  |  |  |
| --- | --- | --- |
| 2. |  | Orders Fresyga SA to bear its own costs and to pay those of the Commission. |

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