CELEX: 62009TO0176
Language: en
Date: 2011-05-24 00:00:00
Title: Order of the General Court (Seventh Chamber) of 24 May 2011. # Government of Gibraltar v European Commission. # Action for annulment - Directive 92/43/EEC - Conservation of natural habitats and of wild fauna and flora - Decision 2009/95/EC - List of sites of Community importance for the Mediterranean biogeographical region - Inclusion in the site of Community importance called ‘Estrecho oriental’ of an area of the territorial waters of Gibraltar and of an area of the high seas - Partial annulment - Non-severability - Inadmissibility. # Case T-176/09.

Order of the General Court (Seventh Chamber) of 24 May 2011 – Government of Gibraltar v Commission
      (Case T-176/09)
      Action for annulment – Directive 92/43/EEC – Conservation of natural habitats and of wild fauna and flora – Decision 2009/95/EC – List of sites of Community importance for the Mediterranean biogeographical region – Inclusion in the site of Community importance called ‘Estrecho oriental’ of an area of the territorial waters of Gibraltar
         and of an area of the high seas – Partial annulment – Non-severability – Inadmissibility
      
      1.                     Actions for annulment – Subject-matter – Partial annulment – Condition – Severability of the contested provisions – Provisions
            of a Commission decision enlarging the area of a site of Community importance – Annulment entailing a modification of the
            substance of the decision – Inadmissibility (Art. 230 EC; Council Directive 92/43; Commission Decision 2009/95) (see paras
            34, 37-42)
      2.                     Procedure – Admissibility of actions – Judged by reference to the situation when the application was lodged – Action inadmissible
            – Decision replacing the contested decision during the proceedings – No impact on the assessment of the admissibility of the
            action (see paras 47-49)
      Re:
      
         
               APPLICATION for partial annulment of Commission Decision 2009/95/EC of 12 December 2008 adopting, pursuant to Council Directive
                  92/43/EEC, a second updated list of sites of Community importance for the Mediterranean biogeographical region (OJ 2009 L 43,
                  p. 393) to the extent that it extends the site called ‘Estrecho oriental’ (ES6120032) to the territorial waters of Gibraltar
                  (both within and outside Site UKGIB0002) and to an area of the high seas.
               
            Operative part
      
         
                  1.
               
               
                  
               
               
                  	The action is dismissed as inadmissible.
               
            
         
                  2.
               
               
                  
               
               
                  	The Government of Gibraltar is ordered to bear its own costs and pay those incurred by the European Commission.
               
            
         
                  3.
               
               
                  
               
               
                  	The Kingdom of Spain and the United Kingdom of Great Britain and Northern Ireland are ordered to bear their own costs.