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Case C-407/11 P: Order of the Court of 12 July 2012 — Government of Gibraltar v European Commission, Kingdom of Spain, United Kingdom of Great Britain and Northern Ireland (Appeal — Directive 92/43/EEC — Conservation of natural habitats — List of sites of Community importance for the Mediterranean biogeographical region — Inclusion in the list of the site ‘Estrecho oriental’ proposed by the Kingdom of Spain, which is stated to include an area of British Gibraltar territorial waters and an area of the high seas — Action for annulment — Application for partial annulment — Severability — Rights of the defence)
ECLI:EU:UNKNOWN:62011CB0407
62011CB0407
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24.11.2012
Official Journal of the European Union
C 366/20
(Case C-407/11 P) (<span class="super">1</span>)
(Appeal - Directive 92/43/EEC - Conservation of natural habitats - List of sites of Community importance for the Mediterranean biogeographical region - Inclusion in the list of the site ‘Estrecho oriental’ proposed by the Kingdom of Spain, which is stated to include an area of British Gibraltar territorial waters and an area of the high seas - Action for annulment - Application for partial annulment - Severability - Rights of the defence)
2012/C 366/33
Language of the case: English
Parties
Appellant: Government of Gibraltar (represented by: D. Vaughan QC and M. Llamas, Barrister)
Other parties to the proceedings: European Commission (represented by: D. Recchia and K. Mifsud-Bonnici, acting as Agents), Kingdom of Spain (represented by: N. Díaz Abad and M. Muñoz Pérez, acting as Agents), United Kingdom of Great Britain and Northern Ireland
Re:
Appeal against the order of the General Court (Seventh Chamber) of 24 May 2011 in Case T-176/09 Government of Gibraltar v Commission, by which that Court declared inadmissible an action for the partial annulment of Commission Decision 2009/95/EC of 12 December 2008 adopting, pursuant to Council Directive 92/43/EEC, a second updated list of sites of Community importance for the Mediterranean biogeographical region (notified under document number C(2008) 8049) to the extent that the decision adds to the list a site called ‘Estrecho Oriental’ (ES6120032), proposed by Spain, which is stated by the appellant to include an area of British Gibraltar territorial waters and an area of the high seas
Operative part of the order
1.The appeal is dismissed.
2.The Government of Gibraltar shall pay the costs.
3.The Kingdom of Spain shall bear its own costs.
(<span class="super">1</span>) OJ C 290, 1.10.2011.