Case T-31/02: Action brought on 15 February 2002 by Japan Tobacco, Inc. and JT International S.A. against the Commission of the European Communities
Date: 2002-05-04
Institutions: Court of First Instance
Subjects: European Commission, United States, VAT, action for annulment (EU), customs duties, fraud against the EU, tobacco industry

4.5.2002

EN

Official Journal of the European Communities

C 109/55

The applicant claims that the Court of First Instance should:

The applicant claims that the Court should:

— Annul the defendant’s decision of 11 June 2001 to reset
at zero the applicant’s tally of promotion points after his
promotion in 2000;

— Order the defendant to pay the costs.

Pleas in law and main arguments

The applicant objects to the decision of the European Parlia-
ment to reset at zero the applicant’s stock of promotion points
following his promotion in 2000, thereby preventing the
applicant from carrying over to his new grade the promotion
points that he acquired over and above the relevant threshold
for promotion.

The resetting at zero is the result of a transitional scheme prior
to the implementation of a new promotion system in the
European Parliament. Under that transitional scheme the tally
of promotion points is automatically reset at zero following
a promotion, whereas the definitive scheme provides that
promotion points acquired over and above the relevant
threshold are carried over to the new grade.

According to the applicant, the contested decision infringes
Article 45 of the Staff Regulations as well as the principle
prohibiting discrimination.

— annul the decisions taken by the Commission in relation
to commencing proceedings before the United States
District Court for the Eastern District of New York, with
Docket Number CV-02-0164, on 9 January 2002, in the
name of the European Community against the applicants;

— order that the Commission pay the costs of the present
proceedings, including those of the applicants and any
intervening parties.

Pleas in law and main arguments

The applicants are the defendants in legal proceedings brought
by the European Commission before a United States Court, in
which it is seeking damages in respect of allegedly unpaid
to other
customs duties and VAT, and relief
economic and non-economic injuries arising therefrom. The
payment of these customs duties and VAT has allegedly been
avoided by the smuggling of cigarettes into the European
Union. This is the third time that the European Commission
has commenced such proceedings (1). In the current proceed-
ings, the Commission is also acting as agent for Member States
in the recovery of these taxes allegedly owed to them.

in respect

The grounds and arguments are similar to those arising in Case
T-260/01 (2).

(1) The decision to commence the first proceedings is being contested
in Case T-379/00 (OJ C 79 of 10..3.2001) and the decision to
commence the second proceedings in Cases T-260/01 and
T-272/01 (OJ C 3 of 5.1.2002, p. 39 and p. 45).

(2) OJ C 3 of 5.1.2002, p. 39.

Action brought on 15 February 2002 by Japan Tobacco,
Inc. and JT International S.A. against the Commission of
the European Communities

Action brought on 14 February 2002 by José Cuenda
Guijarro against the Council of the European Union

(Case T-31/02)

(2002/C 109/106)

(Language of the case: English)

(Case T-32/02)

(2002/C 109/107)

(Language of the case: French)

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 15 February 2002 by Japan
represented by
Tobacco,
Mr Onno W. Brouwer and Mr Paul Lomas of Freshfields
Bruckhaus Deringer, London (United Kingdom).

Inc. and JT International S.A.,

An action against the Council of the European Union was
brought before the Court of First Instance of the European
Communities on 14 February 2002 by José Cuenda Guijarro,
residing in Brussels, represented by Jean-Noël Louis, lawyer,
with an address for service in Luxembourg.