30.12.2006

Official Journal of the European Union

C 326/73

Action brought on 21 November 2006 — FRESYGA v Commission

(Case T-323/06)

(2006/C 326/150)

Language of the case: Spanish

Parties

Applicant: Fresyga (Almería, Spain) (represented by: J. Rovira Daudí, lawyer)

Defendant: Commission of the European Communities

Form of order sought by the applicant

—

a declaration that this action for annulment is admissible and that the Decision of 19 July 2006 adopting, pursuant to Council Directive 92/43/EEC, the list of sites of Community importance for the Mediterranean biogeographical region is in part invalid, in so far as it affects ES6110006, and that that SCI should be removed from its sphere of application;

—

or, in the alternative, a declaration that the Decision of 19 July 2006 adopting, pursuant to Council Directive 92/43/EEC, the list of sites of Community importance for the Mediterranean biogeographical region is in part invalid, in so far as the property ‘Coto de Padilla’ situated in the municipal (1) district of Níjar, with an area of 8 500 000 square metres must be removed from SCI ES6110006;

—	an order that the Commission should pay the costs.

Pleas in law and main arguments

This action challenges the Commission Decision of 19 July 2006 adopting, pursuant to Council Directive 92/43/EEC, the list of sites of Community importance for the Mediterranean biogeographical region, in that it declares the ES6110014 ‘Ramblas de Jergal, Tabernas y Sur de Sierra Alhamilla’ to be a Site of Community Interest in its entirety or, in the alternative, in so far as that list includes property belonging to the applicant.

The pleas in law and main arguments are similar to those put forward in Case T-322/06 Manuel Espinosa and Others v Commission.

The applicant claims, in particular, that in the period elapsing between the proposal and the approval of SCI ES6110006 the Commission did not undertake any assessment of the social or economic features of the area, or of the state of protection of the pieces of land, in spite of the requests to that end made by the municipality of Níjar, but instead merely accepted the proposal made by the Regional Council of Andalucia without evaluating whether that land was suitable.

(1) OJ L 259, 21.09.2006, p. 1.