Order of the General Court (Seventh Chamber) of 24 May 2011 – United Kingdom v Commission

(Case T-115/10)

Action for annulment – Directive 92/43/EEC – Conservation of natural habitats and of wild fauna and flora – Decision 2010/45/EU – List of sites of Community importance for the Mediterranean biogeographical region – Measure not open to challenge – Measure merely confirmatory – Inadmissibility

1.                     Actions for annulment – Action against a decision confirming an earlier decision not challenged within the time-limits – Inadmissibility – Meaning of confirmatory decision – Decision adopted following a re-examination of the earlier decision and on the basis of new factors – Not included (Art. 230 EC) (see paras 25, 27, 29-30, 33-34, 38, 41)

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 assessment of the admissibility of the action (see paras 46-48)

Re:

APPLICATION for partial annulment of Commission Decision 2010/45/EU of 22 December 2009 adopting, pursuant to Council Directive 92/43/EEC, a third updated list of sites of Community importance for the Mediterranean biogeographical region (OJ 2010 L 30, p. 322) to the extent that it lists the site called ‘Estrecho oriental’ (under reference ES6120032) as a site of Community importance for the Mediterranean biogeographical region.

Operative part

1. The action is dismissed as inadmissible.

2. The United Kingdom of Great Britain and Northern Ireland is ordered to pay the costs.

3. There is no need to rule on the Kingdom of Spain’s application for leave to intervene.