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Case C-416/11 P: Judgment of the Court (Third Chamber) of 29 November 2012 — United Kingdom of Great Britain and Northern Ireland v European Commission (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 a site proposed by the Kingdom of Spain — Site allegedly covering an area of British Gibraltar territorial waters and an area of the high seas — Action for annulment — Measure merely confirmatory)

ECLI:EU:UNKNOWN:62011CA0416

62011CA0416

November 29, 2012
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26.1.2013

Official Journal of the European Union

C 26/13

(Case C-416/11 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 a site proposed by the Kingdom of Spain - Site allegedly covering an area of British Gibraltar territorial waters and an area of the high seas - Action for annulment - Measure merely confirmatory)

2013/C 26/22

Language of the case: English

Parties

Appellant: United Kingdom of Great Britain and Northern Ireland (represented by: S. Ossowski, Agent, D. Wyatt QC and V. Wakefield, Barrister)

Other party to the proceedings: European Commission (represented by: D. Recchia and K. Mifsud Bonnici, Agents)

Intervener in support of the Commission: Kingdom of Spain (represented by: N. Díaz Abad and A. Rubio González, acting as Agents)

Re:

Appeal brought against the order of the General Court (Seventh Chamber) of 24 May 2011 in Case T-115/01 United Kingdom of Great Britain and Northern Ireland v European Commission [2011] ECR II-0000, by which that court dismissed as inadmissible an action for partial annulment of Commission Decision 2010/45/EC 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 [notified under number C(2009) 10406], to the extent that it retains on the list a site called ‘Estrecho Oriental’ (ES6120032), proposed by Spain, which includes an area of British Gibraltar territorial waters and an area of the high seas

Operative part of the judgment

The Court:

1.Dismisses the appeal;

2.Orders the United Kingdom of Great Britain and Northern Ireland to pay the costs;

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

(<span class="super">1</span>) OJ C 298, 8.10.2011.

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