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Document 62008CO0421

    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.

    European Court Reports 2009 I-00149*

    ECLI identifier: ECLI:EU:C:2009:575





    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.

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