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(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
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)
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
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.