Case T-249/01: Action brought on 9 October 2001 by Marc Boixader Rivas against European Parliament
Date: 2002-01-05
Institutions: Court of First Instance
Subjects: Council of the European Union, European Parliament, action for annulment (EU), competition (EU), engineer, equivalence of diplomas

C 3/36

EN

Official Journal of the European Communities

5.1.2002

Pleas in law and main arguments

The applicant claims that the Court should:

The applicant, a company incorporated in the United Kingdom,
is the only importer of the PlayStation®2 Computer Entertain-
ment System, models number SCPH-30003 and SCPH-30004.
The applicant was also the holder of Binding Tariff Information
GB 105 614 503 classifying the product under CN Code
8471 49 90, until it was revoked as a result of the adoption of
the contested Regulation.

The applicant submits that the contested act is not a true
regulation but a decision addressed to it. No other product
than that imported by the applicant will precisely meet the
specifications in the contested decision.

contested act

The applicant alleges that the PlayStation®2 should be classified
under Heading 8471. The product satisfies the four criteria as
defined by Notes 5(A) to Chapter 84 of the Common Customs
Tariff. By classifying the product under CN code 9504 10 00,
the
violates Council Regulation (EEC)
No. 2658/87 (2) and the wording of the Harmonised System
Explanatory Note (b) to Heading 9504. Furthermore, it incor-
rectly applies General Rule 3 (b) of the General rules for the
interpretation of the Combined Nomenclature by determining
the essential character solely on the basis of the functions of
the PlayStation®2 rather than on the basis of the materials or
components in which these functions must be inherent.
Finally, the contested Regulation violates Article 253 of the EC
Treaty.

— annul the decision of the Selection Board not to admit

him to Competition PE/90/A

Pleas in law and main arguments

The applicant, who is a qualified Ingeniero Técnico (technical
engineer) in Spain, applied for general competition PE/90/A,
for the drawing up of a reserve list for the recruitment of
assistant administrators of Spanish mother tongue at Grade
A 8 (1). By letter of 27 June 2001, the chairperson of the
selection board informed him that he had not been admitted
to the competition because he did not have sufficient know-
ledge of two European Union languages and because he had
not completed a course of University studies evidenced by a
degree. The applicant contests that decision and challenges the
lawfulness both of the competition notice and of the guide for
candidates taking part in interinstitutional competitions (2),
inasmuch as the requirement is for possession of a Spanish
honours degree (‘licenciado’), whereas a qualification which is
equivalent to a three year degree, such as Ingenierı´a Técnica
(technical engineering), is not accepted.

The pleas in law and main arguments are similar to those
relied upon in Case T-208/00 (3).

(1) Commission Regulation (EC) No 1400/2001 of 10 July 2001
concerning the classification of certain goods in the Combined
Nomenclature (OJ L 189, p. 5).

(2) Council Regulation (EEC) No 2658/87 of 23 July 1987 on the
tariff and statistical nomenclature and on the Common Customs
Tariff (OJ L 256, p. 1).

(1) OJ 2000 C 162, p. 10.
(2) OJ 2000 C 162, p. 1.
(3) OJ 2000 C 316, p. 26.

Action brought on 9 October 2001 by Marc Boixader
Rivas against European Parliament

Action brought on 10 October 2001 by Dresdner Bank
AG against Commission of the European Communities

(Case T-249/01)

(2002/C 3/62)

(Language of the case: Spanish)

(Case T-250/01)

(2002/C 3/63)

(Language of the case: German)

An action against the European Parliament was brought before
the Court of First Instance of the European Communities on
9 October 2001 by Marc Boixader Rivas, residing in Fuenlabra-
da (Madrid), represented by Diego Lo´ pez Garrido, lawyer.

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 10 October 2001 by Dresdner
Bank AG, whose registered office is at Frankfurt am Main,
represented by M. Hirsch and W. Bosch, lawyers.