Appeal brought on 24 September 2008 by Calebus SA against the judgment delivered on 14 July 2008 in Case T-366/06 Calebus SA v Commission of the European Communities, supported by the Kingdom of Spain

(Case C-421/08 P)

(2009/C 55/08)

Language of the case: Spanish

Parties

Appellant: Calebus SA (represented by: R. Bocanegra Sierra, lawyer)

Other parties to the proceedings: Commission of the European Communities and the Kingdom of Spain

Form of order sought

Take note of the fact that the appeal was lodged against the order of the Court of First Instance of 14 July 2008 declaring inadmissible the action brought by Calebus SA in Case T-366/06, allow the appeal and, after completion of all the legal formalities, give a judgment upholding the appeal, setting aside the judgment under appeal, declaring the action admissible and uphold its claims.

Pleas in law and main arguments

The appeal is brought against the order of 14 July 2008 of the Court of First Instance declaring inadmissible the action brought in Case T-366/06 by Calebus SA against Decision 2006/613/EC (1) of 19 July 2006 adopting, pursuant to Council Directive 92/43/EEC, the list of sites of Community importance for the Mediterranean biogeographical region as regards the inclusion of the farm ‘Las Cuerdas’ as the SCI ‘ES61110006 Ramblas de Gergal, Tabernas y Sur de Sierra Alhamilla’, which appears on that list.

In the appeal, the appellant takes the view that the order under appeal is vitiated by an error of law when it states that the action is inadmissible because the appellant company has no direct interest in the annulment of the decision. Contrary to the findings in the order, Decision 2006/613 requires Member States, in any event, per se and automatically to make sites classified as Sites of Community Importance (SCI), including the farm ‘Las Cuerdas’, to a protection scheme which necessarily limits the uses to which it may be put, reducing their profitability and sale value. The Member States have discretion to determine the specific content of those measures, but not to decide whether or not to submit the farms to measures of that type, so that the existence of that discretion is not contrary to the direct effect of the decision on the legal status of the appellant undertaking.

(1)  OJ 2006 L 259, p. 1.