Keywords
Subject of the case
Operative part
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.