CELEX: 62006TO0366
Language: en
Date: 2008-07-14 00:00:00
Title: Order of the Court of First Instance (First Chamber) of 14 July 2008. # Calebus, SA v Commission of the European Communities. # 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. # Case T-366/06.

Order of the Court of First Instance (First Chamber) of 14 July 2008 – Calebus v Commission
      (Case T-366/06)
      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 26-30)
      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 39-44, 46)
      3.                     Actions for annulment – Natural or legal persons – Measures of direct and individual concern to them (Art. 230, fourth para.,
            EC) (see para. 45)
      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 Calebus SA to bear its own costs and to pay those of the Commission;
               
            
         
                  3.
               
               
                  
               
               
                  	Orders the Kingdom of Spain to bear its own costs.