Judgment of the Court of First Instance of 30 September 2003 in Case T-243/01: Sony Computer Entertainment Europe Ltd v Commission of the European Communities (Action for annulment — Common Customs Tariff — Tariff headings — Game console ﾔ Classification in the Combined Nomenclature)
Date: 2003-11-29
Institutions: Court of First Instance
Subjects: Combined Nomenclature, European Commission, action for annulment (EU), automatic game, common customs tariff, import

C 289/20

EN

Official Journal of the European Union

29.11.2003

COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 18 September 2003

in Case T-73/01: Spyridon de Athanassios Pappas v
Committee of the Regions of the European Union (1)

of 10 September 2003

in Case T-165/01 Hans McAuley v Council of the Euro-
pean Union (1)

(Staff report — Guide to staff reports — Change of assessor
during the period covered by the report — Substantial
irregularities)

(Officials — Recruitment — Post of Secretary General
of the Committee of the Regions — Vacancy notice —
Recruitment procedure)

(2003/C 289/42)

(Language of the case: French)

(2003/C 289/41)

(Language of the case: French)

In Case T-73/01, Spyridon de Athanassios Pappas, former
official of the Commission of the European Communities,
residing in Brussels (Belgium), represented by M.-A. Lucas,
lawyer, v Committee of the Regions of the European Union,
(Agents: P. Cervilla and D. Waelbroeck) — application for
annulment of the decision of the Committee of the Regions of
13 June 2000 appointing Mr Vincenzo Falcone to the post of
Secretary General of the Committee of the Regions (Recruit-
ment notice 2000/C 28 A/01) and rejecting the applicant’s
candidature for that post, and of the decision rejecting the
applicant’s complaint, — the Court of First Instance (Third
Chamber), composed of K. Lenaerts, President of the Chamber,
Judges; Registrar: D. Christensen,
J. Azizi and M.
Administrator, delivered a judgment on 18 September 2003,
the operative part of which is as follows:

Jaeger,

1.

The decision of the Committee of the Regions of 13 June 2000
appointing Mr Vincenzo Falcone to the post of Secretary
General of the Committee of the Regions (Recruitment notice
2000/C 28 A/01) and rejecting the candidature of Mr Pappas
for that post is annulled.

2.

The Committee of the Regions shall pay the costs.

(1) OJ 2001 C 161 of 2.6.01.

In Case T-165/01: Hans McAuley, an official of the Council of
the European Union, residing in Brussels, represented by J.-
N. Louis and S. Orlandi, lawyers, with an address for service in
Luxembourg, against Council of the European Union (Agents:
F. Anton and A. Pillette) — application for annulment of the
Council’s decision of 15 September 2000 drawing up the
applicant’s final staff report for the period 1 July 1997 to
30 June 1999 — the Court of First Instance (Fourth Chamber),
composed of V. Tiili, President, P. Mengozzi and M. Vilaras,
Judges; I. Natsinas, Registrar, has given a judgment on 10 Sep-
tember 2003, in which it:

1. Annuls the Council’s decision of 15 September 2000 drawing
up the applicant’s final staff report for the period 1 July 1997
to 30 June 1999;

2. Orders the Council to pay the costs.

(1) OJ C 289 of 13 October 2001.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 30 September 2003

in Case T-243/01: Sony Computer Entertainment Europe
Ltd v Commission of the European Communities (1)

(Action for annulment — Common Customs Tariff — Tariff
headings — Game console — Classification in the Combined
Nomenclature)

(2003/C 289/43)

(Language of the case: English)

In Case T-243/01, Sony Computer Entertainment Europe Ltd,
established in London (United Kingdom), represented by P. De

29.11.2003

EN

Official Journal of the European Union

C 289/21

Baere, lawyer, with an address for service in Luxembourg, v
Commission of the European Communities (Agent: R. Wain-
wright): Application for annulment of Commission Regulation
(EC) No 1400/2001 of 10 July 2001 concerning the classifi-
cation of certain goods in the Combined Nomenclature (OJ
2001 L 189, p. 5); corrigendum published in the German,
English, Finnish, Portuguese and Swedish editions (OJ 2001
L 191, p. 49), the Court of First Instance (Third Chamber),
composed of: K. Lenaerts, President, J. Azizi and M. Jaeger,
Judges; J. Plingers, Administrator, for the Registrar, has given a
judgment on 30 September 2003, in which it:

1. Annuls Commission Regulation (EC) No 1400/2001 of
10 July 2001 concerning the classification of certain goods in
the Combined Nomenclature (OJ 2001 L 189, p. 5) in so far
as it classifies the console described in column 1 of the table in
the Annex to that regulation under CN Code 9504 10 00 and
the accompanying CD-ROM under CN Code 8524 39 90;

1. Annuls the decision adopting the decision adopting the appli-
cant’s definitive staff report for the period 1 July 1995 to
30 June 1997.

2. Orders the Commission to pay the applicant EUR 1 500 by

way of compensation for non-material damages.

3. Orders the Commission to pay the costs.

(1) OJ 2002 C 56 of 2.3.02.

2. Dismisses the request for production of the defendant’s legal

opinion;

JUDGMENT OF THE COURT OF FIRST INSTANCE

3. Orders the defendant to pay all the costs.

(1) OJ C 3 of 5.1.2002.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 30 September 2003

in Case T-296/01, Antonio Tatti v Commission of the
European Communities (1)

(Community officials — Staff report — Tardiness —
Irregularities in reporting procedure — Action for annul-
ment — Action for damages)

(2003/C 289/44)

(Language of the case: French)

In Case T-296/01, Antonio Tatti, official of the Commission
of the European Communities, residing in Overijse (Belgium),
represented by L. Vogel, lawyer, with an address for service
in Luxembourg, against the Commission of the European
Communities (Agent: C. Berardis-Kayser), application, first, for
annulment of the decision adopting the applicant’s definitive
staff report for the period 1 July 1995 to 30 June 1997 and,
second, for damages, the Court of First
Instance (Fourth
Chamber), composed of V. Tiili, President, and P. Mengozzi
and M. Vilaras, Judges; D. Christensen, Administrator, for the
Registrar, has given a judgment on 30 September 2003, in
which it:

of 30 September 2003

in Case T-214/02, María-Angeles Martínez Valls v Euro-
pean Parliament (1)

(Community officials — Competition — Non-admission to
oral tests — Access to documents)

(2003/C 289/45)

(Language of the case: French)

In Case T-214/02, María-Angeles Martínez Valls, residing in
Brussels (Belgium), represented by Georges Vandersanden and
lawyers, against the European Parliament (Agents:
L. Levi,
H. von Hertzen and D. Moore) — application, first,
for
annulment of the letters of 3 April and 31 May 2002 by which
the Selection Board found that the applicant had obtained
insufficient marks in the written tests in competition PE/90/A
and, with respect to the letter of 31 May 2002, by which the
Selection Board rejected the applicant’s request seeking access
to certain documents and, second, for compensation for the
loss suffered as a result of those letters, the Court of First
Instance (Fifth Chamber), composed of R. García-Valdecasas,
President, and P. Lindh and J.D. Cooke, Judges, I. Natsinas,
Administrator for the Registrar, has given a judgment on
30 September 2003, in which it:

1. Holds that there is no need to rule on the application for
annulment of the letter of 31 May 2002 in so far as it rejects
the request for access to documents.

2. Orders the Parliament to pay the applicant EUR 1 by way of

damages for non-material damage.