Order of the Court of First Instance (First Chamber) of 14 July 2008 – Calebus v Commission

(Case T-366/06)

Action for annulment – Directive 92/43/EEC – Conservation of natural habitats and of wild fauna and flora – Decision 2006/613/EC – List of sites of Community importance for the Mediterranean biogeographical region – Challengeable act – Lack of direct effect – Inadmissible

1.                     Actions for annulment – Actionable measures – Meaning – Measures producing binding legal effects (Art. 230, first para., EC; Council Directive 92/43, Arts 4(2), 5 and 6; Commission Decision 2006/613, Art. 1, second para., and Annexes 1, 2 and 3) (see paras 26-30)

2.                     Actions for annulment – Natural or legal persons – Measures of direct and individual concern to them (Art. 230, fourth para., EC; Council Directive 92/43, Arts 4(5) and 6; Commission Decision 2006/613, Annex 1) (see paras 39-44, 46)

3.                     Actions for annulment – Natural or legal persons – Measures of direct and individual concern to them (Art. 230, fourth para., EC) (see para. 45)

Re:

Partial annulment 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

The Court:

1. Dismisses the action as inadmissible;

2. Orders Calebus SA to bear its own costs and to pay those of the Commission;

3. Orders the Kingdom of Spain to bear its own costs.