CELEX: 62008CO0421
Language: en
Date: 2009-09-23 00:00:00
Title: Order of the Court (Sixth Chamber) of 23 September 2009. # Calebus SA v Commission of the European Communities. # Appeal - Protection of habitats - List of sites of Community importance for the Mediterranean biogeographical region - Commission Decision - Action for annulment brought by natural or legal persons- Admissibility - Appeal clearly unfounded. # Case C-421/08 P.

Order of the Court (Sixth Chamber) of 23 September 2009 – Calebus v Commission
      (Case C‑421/08 P)
      Appeal – Protection of habitats – List of sites of Community importance for the Mediterranean biogeographical region – Commission decision – Action for annulment brought by natural or legal persons – Admissibility – Appeal clearly unfounded
      1.                     Actions for annulment – Natural or legal persons – Measures of direct and individual concern to them – Absolute bar to proceeding
            (Art. 230, fourth para., EC) (see para. 21)
      2.                     Actions for annulment – Natural or legal persons – Measures of direct and individual concern to them (Art. 230, fourth para.,
            EC) (see paras 26, 28-30)
      3.                     European Communities – Judicial review of the legality of the acts of the institutions – Need for natural or legal persons
            to proceed by way of a preliminary ruling on validity (Arts 10 EC, 230, fourth para., EC and 234 EC) (see para. 38)
      Re: 
      
         Appeal brought against the order of the Court of First Instance (First Chamber) of 14 July 2008 in Case T-366/06 
               Calebus
                v 
               Commission
               , in which the Court of First Instance dismissed as inadmissible the application for partial annulment of Article 1 of Annex
                  1 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:
      
         
                  1.
               
               
                  
               
               
                  	The appeal is dismissed.
               
            
         
                  2.
               
               
                  
               
               
                  	Calebus SA is ordered to bear its own costs.
               
            
         
                  3.
               
               
                  
               
               
                  	The Kingdom of Spain is ordered to bear its own costs.