Order of the Court (Sixth Chamber) of 23 September 2009 – Complejo Agricola v Commission
(Case C‑415/08 P)
Appeal – Protection of habitats – List of sites of Community importance for the Mediterranean biogeographical region – Commission decision – Action for annulment brought by natural or legal persons – Admissibility – Appeal clearly unfounded
1. Actions for annulment – Natural or legal persons – Measures of direct and individual concern to them – Absolute bar to proceeding (Art. 230, fourth para., EC) (see para. 21)
2. Actions for annulment – Natural or legal persons – Measures of direct and individual concern to them (Art. 230, fourth para., EC) (see paras 26, 28-30)
Re:
Appeal brought against the order of the Court of First Instance (First Chamber) of 14 July 2008 in Case T-345/06 Complejo Agrícola v Commission , in which the Court of First Instance dismissed as inadmissible the application for partial annulment of Article 1 of Annex 1 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 ‘Acebuchales de la Campiña sur de Cádiz’, which includes a farm belonging to the applicant, to be a site of Community importance for the Mediterranean biogeographical region.
Operative part:
1.
The appeal is dismissed.
2.
Complejo Agrícola SA is ordered to bear its own costs.
3.
The Kingdom of Spain is ordered to bear its own costs.
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